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Party Wall

Creation, Duration, Manner Of Use, Destruction And Rebuilding, Addition, Alteration, And Repair

A partition erected on a property boundary, partly on the land of one owner and partly on the land of another, to provide common support to the structures on both sides of the boundary.

Each person owns as much of a party wall as is situated on his or her land. The wall is subject to cross-easements—reciprocal rights of use over the property of another—in favor of each owner for the support of his or her building or for the maintenance of the wall. A party wall can also be owned by adjoining tenants pursuant to a TENANCY IN COMMON, or the wall can belong entirely to one of the adjoining owners, subject to an EASEMENT or a right in the other owner to have it maintained as a dividing wall between the two tenements.

FURTHER READINGS

Jacobus, Charles J. 1986. Real Estate Law. Paramus, N.J.: Prentice Hall.

Kraut, Jayson, et al. 1983. American Jurisprudence. Rochester, N.Y.: Lawyers Cooperative.

CROSS-REFERENCES

Boundaries.

Additional topics

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