Easement for encroachments

68 Pa.C.S. § 5216, under Creation, Alteration and Termination of Planned Communities.

68 Pa.C.S. § 5216

To the extent that any unit or common element encroaches on any other unit or common element, a valid easement for the encroachment exists. The easement does not relieve a unit owner of liability in case of the unit owner's willful misconduct nor relieve a declarant or any contractor, subcontractor or materialman or any other person of liability for failure to adhere to the plats and plans.