Party Wall - Definition - Law Dictionary Home Dictionary Definition party-wall

Definition :

Party-wall, a term which has been used indifferent senses, may mean (1) a wall of which the two adjoining owners are tenants in common: (2) a wall divided longitudinally into two strips, one belonging to each of the neighbouring owners: (3) a wall which belongs entirely to one of the adjoining owners, but is subject to an easement or right in the other to have it maintained as a dividing wall between the two tenements: (4) a wall divided longitudinally into two moieties, each moiety being subject to a cross easement in favour of the owner of the other moiety, Watson v. Gray, (1880) 14 Ch D 192.

The common use of a wall separating adjoining lands of different owners is prima facie evidence that the wall and the land on which it stands belongs to the owners of those adjoining lands, in equal moieties, as tenants in common, or would so belong if tenancy in undivided shares in a legal estate had not been done away with by the land legislation of 1925. Now under s. 38, and 1st Sch., Part 5, of the (English) Law of Property Act, 1925, a party-wall of this class is considered to be served vertically with cross easements or rights such as in (4), supra, corresponding to those which would have subsisted if a valid tenancy in common had been created. If a house be separated from other premises by a wall, and that wall belongs to the owner of the house, he is of common right bound to repair it; and an action will lie against him for not doing it.

As to meaning of 'party-wall,' and its height above roof, etc., in London, see (English) London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.), ss. 5, 64, 65, 66; Chitty's Statutes, tit. 'Metropolis'; and as to respective rights of 'building owner' and 'adjoining owner,' see s. 114 et seq. of that Act; and Mason v. Fulham Corporation, (1910) 1 KB 631.

'Party-wall' by s. 5 means:-

(a) A wall forming part of a building and used or constructed to be used for separation of adjoining buildings belonging to different owners or occupied or constructed or adapted to be occupied by different persons; or

(b) A wall forming part o a building and standing to a greater extent than the projection of the footings on lands of different owners.

It means a wall forming part of a building and used or constructed to be used for the support or separation of adjoining buildings belonging to different owners, or constructed or adapted to be occupied by different persons. [Cantonments Act, 1924 (2 of 1924), s. 2 (xxvii)]