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Party Wall - Duration

easement buildings agreement adjoining

A party wall that is constructed without any reference to a time limitation implies permanency. A wall built as a result of an agreement loses its character as a party wall when the parties rescind, or cancel, the agreement. Although the title to one-half of such a party wall, which is jointly owned by adjoining landowners, cannot be waived or abandoned, a party wall easement can be extinguished when the party entitled to it renounces his interest.

The easement of support of adjoining buildings by the party wall ends when the wall becomes unfit for its purpose or is so decayed as to need rebuilding from its foundation. When the buildings are accidentally destroyed, the easement ends, even though a portion of the wall, or the whole wall, remains standing.

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