Legal Definitions - paries communis

The term paries communis refers to what is commonly known as a party wall. This is a dividing wall that stands on the boundary line between two separate properties and is used or owned in common by the owners of both properties. It serves as a structural component for both buildings it separates, meaning it supports parts of each structure.

Here are some examples to illustrate this concept:

• Residential Townhouses: Imagine two adjacent townhouses built side-by-side in a city. The wall that separates the living space of one townhouse from the living space of the other is typically a paries communis. Both homeowners rely on this wall for structural support for their respective homes, and it often sits directly on the property line, making it a shared asset and responsibility.

  This illustrates the term because the wall is literally common to both properties, providing a shared structural division and support for two distinct residential units.

• Adjoining Commercial Properties: Consider two small businesses, such as a bakery and a bookstore, operating in separate but connected buildings in an older downtown district. Often, these buildings share a single wall that forms the boundary between their establishments. This shared wall, which supports the roofs and floors of both the bakery and the bookstore, is a paries communis. Each business owner has rights and responsibilities concerning their side of this shared structure.

  This illustrates the term by showing its application in a commercial context, where a single wall serves as a structural and boundary element for two independent business properties.

• Subdivided Historic Building: A large, historic mansion is purchased and legally subdivided into two distinct, separate residential units, each with its own title and entrance. The original internal wall that now divides the two new units, supporting the upper floors and roof for both, becomes a paries communis. Even though it was once an interior wall of a single property, its new function is to serve as a shared boundary and structural element for two separate legal entities.

  This illustrates the term by demonstrating how a wall can become a paries communis through subdivision, transforming an internal wall into a shared structural boundary between newly created, independent properties.