Easement for encroachments
In plain English: Where a unit or common element slightly overlaps onto another because of the original construction, settling, shifting, or authorized repairs, the law automatically creates a valid easement for that overlap. This means a minor encroachment does not create a legal problem or require anyone to tear out and rebuild.
33-1224. Easement for encroachments
To the extent that any unit or common element encroaches on any other unit or common element as a result of original construction, shifting or settling, or alteration or restoration authorized by the declaration, a valid easement for the encroachment exists.