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2022 Delaware Code
Title 25 - Property
Chapter 81. DELAWARE UNIFORM COMMON INTEREST OWNERSHIP ACT
Subchapter II. Creation, Alteration, and Termination of Common Interest
§ 81-216. Easement rights.
Universal Citation: 25 DE Code § 81-216 (2022)
§ 81-216. Easement rights.
(a) Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging the declarant's obligations or exercising special declarant rights, whether arising under this chapter or reserved in the declaration.
(b) Subject to §§ 81-302(a)(6) and 81-312 of this title, the unit owners have an easement in the common elements for purposes of access to their units.
(c) Subject to the declaration and the rules, the unit owners have an easement to use the common elements and all real estate that must become common elements for the purposes for which they were intended.
76 Del. Laws, c. 422, § 2; 77 Del. Laws, c. 91, §§ 32, 82;
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