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Simple English definitions for legal terms
party wall
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A quick definition of party wall:
A party wall is a wall that is shared between two properties owned by different people. It can be owned equally by both parties, divided with separate ownership, or owned by one party subject to an easement. If there is a dispute over the wall, the court will determine who owns it and what actions need to be taken. An example of a party wall dispute is Pile v. Pedrick, where the court ruled that a wall encroaching on the plaintiff's land was not a party wall and needed to be destroyed and rebuilt without trespass within a year.
A more thorough explanation:
A party wall is a wall that is shared between two properties owned by different parties. There are different types of party walls, including:
- Tenancy in common: where both parties own the wall equally
- Divided ownership: where the wall is physically divided and each party owns their respective portion
- Divided with easements: where the wall is divided, but one party has an easement to use the other party's portion
- Owned subject to an easement: where one party owns the wall, but the other party has an easement to use it
However, unless there is evidence to the contrary, a party wall is generally considered common property owned equally by both parties.
For example, in the case of Pile v. Pedrick, the parties disputed the boundary line between their properties and the subsequent building of a wall that encroached onto the plaintiff's land. The plaintiff rejected the defendant's offer to convert the wall into a party wall and instead demanded that the offending part of the wall be removed. The court ultimately ruled that the wall was not a party wall and ordered the defendant to rebuild it without trespassing on the plaintiff's land.