- Party wall
Party wall (or parti-wall) is a dividing partition between two adjoining buildings (or units) that is shared by the
tenant s of each residence or business. The wall is sometimes constructed over the center of theproperty line dividing two terraced flats orrow house s so that one half of the wall is on each property. They are sometimes two abutting walls built at different times.Party walls are typically made of non-combustible material. Where required by code, the party wall could be a fire wall. The wall starts at the foundation and continues up to a parapet, creating two separate and structurally independent buildings on either side. The term can be also used to describe a division between separate units within a multi-unit apartment complex. Very often the wall in this case is non-structural but designed to meet established criteria for sound and/or fire protection between residential units.
This building term which, in
England , apart from specialstatutory definitions, may be used in four different legal senses. Less commonly, it may also be spelled Parti Wall.It may mean:
# a wall of which the adjoining owners aretenant s in common;
# a wall dividedlongitudinally into two strips, one belonging to each of the neighbouringowner s;
# a wall which belongs entirely to one of the adjoining owners, but is subject to aneasement or right in the other to have it maintained as a dividing wall between the twotenement s;
# a wall divided longitudinally into twomoieties , each moiety being subject to a cross easement, in favour of the owner of the other moiety.In the
United Kingdom , the legal rights and obligations governing work to or adjacent to a Party wall are governed by theParty Wall, etc. Act, 1996 andParty Wall Surveyor s specialise in managing the negotiation process between adjoining owners and resolving disputes.In the
USA , the term most commonly refers to the wall within acondominium complex that separates two neighboring units.Case Law
Andreae v Selfridge & Co. (1938)Dean v Walker (1996)Phips v Pears (1964)Selby v Whitbread (1917)
ee also
*
Rights of Light
*Architectural acoustics
*Property law References and external links
*1911
* [http://www.rics.org/RICSWEB/getpage.aspx?p=biJWY6yQEkSPL7hAnOJHSw Party wall guidance] Royal Institution of Chartered Surveyors (RICS)
* [http://www.partywalls.co.uk The Party Wall Casebook]
* [http://www.gia.uk.com GIA - London based Party Wall and Rights of Light Consultancy]
* [http://www.partywalls.me.uk Party Wall Specialists]
* [http://blog.partywalls.me.uk The Party Wall Blog]
* [http://www.partywallforum.co.uk Party Wall and Rights to Light Forum]
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