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a part hereof, shall be the Party Wall for the perpetual joint
benefit of and joint use by the fee simple owners of the
parcels and dwelling units divided thereby, and their heirs,
successors, assigns and grantees.
Section 2. General Rules of Law to Apply.
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A. To the extent not inconsistent with the pro-
visions of this Article IV, the general rules of law regarding
party walls and liability for property damage due to negligence
or willful acts or omissions, shall apply to each party wall
described herein and any replacement thereof.
8. In the event that any portion of any structure
now situated on a parcel, including any party wall, shall
protrude over an adjoining parcel or dwelling unit, such
structure, including any party wall, it shall not be deemed
to be an encroachment upon the adjoining parcel or dwelling
unit. Owners shall not maintain any action for the removal of
a party wall or projection nor any action for damages. In the
event there is a protrusion as described in the immediate
preceding sentence, it shall be deemed that said owners have
granted perpetual easements to the adjoining owner or owners
for continuing maintenance and use of the projection or
party wall. The foregoing shall also apply to any replacements
of any structures or party walls, if same are constructed in
conformance with the original structure or party wall as it
now appears.
Section 3. Use of Wall. Each owner sharing a party wall
shall have the right to the full use of said party wall for
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whatever purposes said owner chooses to employ subject to the
~ limitation that such use shall not infringe upon the rights of
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the owner of the adjoining parcel and his use of said wall or
of the adjoining parcel and dwelling unit, or in any manner -
shall the use of said party wall impair the value of said wall '
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R or the adjoining parcel and dwelling unit. Furthermore, an
c ~ ray.
LAS OTPifES OP RICHARD D- S\EED. •I R.. P. A.. 700 ~'IHGI\IA A~Etii'E. SPITE i0.1-SI;R HASH HLDC.. FT. PIERCE, PU)RIDA 7,1LS0 (:fOeS) •i6S-27.90