§669-12  Consequences.



(1)  A de minimis structure position discrepancy shall
not be considered an encroachment or a basis for a zoning violation;



(2)  No de minimis structure position discrepancy
authorized under this part shall be considered as a basis for any claim of
adverse possession of land.  If the wall or other improvement that is affected
by the discrepancy is removed or substantially damaged or destroyed, the
replacement improvement shall be constructed to comply with the most recent
survey available at the time of construction of the improvement;



(3)  Responsibility for maintenance and repair of an
improvement within a de minimis structure position discrepancy shall be borne
by the property owner who constructed the improvement or the property owner's
successor in interest;



(4)  Liability for any claims for injuries or damages
to persons or property arising out of, or in connection with, an improvement
within a de minimis structure position discrepancy shall be borne by the
property owner who constructed the improvement or the property owner's
successor in interest; and



(5)  In the event that the property owner who
constructed the improvement within a de minimis structure position discrepancy
is not readily identifiable, then for purposes of this part, the owner of the
improvement shall be determined to be the owner of the property upon which the
improvement is substantially located. [L 1997, c 131, pt of §2; am L 1999, c
185, §3]