Party Wall

A party wall is ordinarily created by a contract between the adjoining owners, by statute, or by prescription. ADJOINING LANDOWNERS can enter into a contract to build a party wall. The parties can agree that the wall is to be located on land owned entirely by one of them

Row houses in the Georgetown area of Washington, D.C., share a wall in common, or a party wall. Whether the wall is owned jointly or wholly by one tenant, each party is entitled by easement to enjoy full use of the wall—on his own side.
ALAN SCHEIN PHOTOGRAPHY/CORBIS

or that it is to stand partly, usually equally, on both parcels. Under a typical arrangement, one party builds the wall and the other contributes to its construction. The parties can also agree that an existing dividing wall is to become a party wall.

Statutes authorizing the construction of a party wall by one of two adjoining owners when the line between the properties is vacant embody the COMMON LAW and have been upheld as a constitutionally valid exercise of the POLICE POWER of a state. These statutes are subject to a STRICT CONSTRUCTION since they permit the taking and permanent occupation of a portion of land.

When a wall between adjoining buildings has been continuously and uninterruptedly used as a party wall by the respective owners for a period of time set forth by statute, a prescriptive right to use the wall arises.

A party wall can also be created when the owner of buildings that stand on adjoining lots and share a common wall, which forms a part of each building, conveys the lots to different persons. Each owner acquires title to one-half the wall and an easement for its support as a party wall in the other half. This rule applies even though the deeds are silent concerning the rights of the parties in the wall. The result is the same when one of the lots is retained by the original common owner.