HomeMy WebLinkAbout0580 respect to ownership and use of all such Party Walls and
the respective rights and duties of the fee simple interest
purchasers of the Parcels, including their heirs, successors,
assigns, and grantees and Declarant further desires that this
party wall declaration be construed as a covenant running with
the land herein.
Section 1, Part Wall Declaration. The common walls
shared by any two adjoin ng own ouses situated on an imaginary
line dividing any two (2) Parcels described herein into two
(2) separate and distinct parcels of real property, which imaginary
lines and the particular Parcels herein which they separate
are particularly described in Exhibit C attached hereto and
made a part hereof, shall be a party wall for the perpetual
joint benefit of andjoint use by the fee simple owners of the
Parcels and Townhouses divided thereby, and their heirs, successors,
assigns and grantees.
Section 2. General Rules of Law to Apply.
A. To the extent not inconsistent with the provisions -
of this Article II, 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.
B. 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 Townhouse,. such structure, including
any Party Wall, it shall not be deemed to be an encroachment
upon the adjoining Parcel or Townhouse. 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 immediately preceding sentence, it shall
be deemed that said (?wners 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 [falls, 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 whatever purposes said Owner chooses to employ, subject to
the limitation that such use shall not infringe upon the rights
of the Owner of the adjoining Parcel and his use of said wal l
or of the adjoining Parcel and Townhouse, or in any manner
shall the use of said Party Wall impair the value of said wall
or the adjoining Parcel and Townhouse. Furthermore, an Owner
sharing a Party Wall shall not possess the right to cut
windows or other openings in a Party Wall, nor make any alterations,
additions, structural changes or other use of a Party Wall
which will impair the Party Wall's strength or design, or
injure or impair the value of the adjoining Parcel and ~
Townhouse.
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Section 4. Maintenance and Re air. If it becomes r
necessary or desirable to repair or re ui the whole or
any part of a Party Wall, the attendant expense shall be
borne by the respective adjoining Owners thereof, in proportion
to the extent of their use of the wall, or portion thereof
affected, at that time, except that any adjoining Owners may
agree in writing on any other means of sharing the expense
that is reasonable at that time. Any reconstruction of a
Party Wall or part thereof, shall be on the same location and
erected in the same manner as that used in the existing Party
Wall and shall be of the same size and of the same or similar
materials and of like quality, applicable ordinances, statutes
and regulations permitting. Notwithstanding any other provisions
of this Article, an Owner who by his negligence or willful
act causes a Party Wall to be damaged, shall bear .the whole ,
cost of repairing such damage.
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