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described herein which the Declarant shall declare to be
Party Walls with 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
Luilt ab a ~drt of thr~ rr 61Fi$i con8trs,~ct~on tai the Tc:~-T.ho:~se~ -
and shared by any two adjoining Townhouses situated on an
imaginary line dividing any two (2) Parcels described herein
into two (2) separate and distinct parcels of real property, 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 provi-
sions 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.
(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 Owners have granted perpetual easements to s
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 rig t to t e 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 wall 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', ,
strength or design, or injure or impair the value of the
adjoining Parcel and Townhouse.
Section 4. Maintenance and Re air. If it becomes
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 C`wners thereof, ir. proportion
to the extent of their use of the wall, or portion thereof
affected, at that time, provided, however, any Owner who
has used the wall may restore it, and if the other Owner
thereafter makes use of it, he shall contribute to the
cost thereof in proportion to such use. 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
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