A “party wall” might sound like something fun to have. In reality, party walls can be the source of considerable frustration, dispute and even litigation.
A party wall is simply another name for a shared wall. As Americans live closer together than ever (both in multi-family dwellings and single-family homes), the walls that separate our individual properties from one another are crucial to our sense of privacy and quality of life.
Shared walls can be indoors, such as between condo units, or outdoors, like walls between two homes. In commercial properties, they separate businesses from one another.
It’s important to note that party walls often aren’t built directly on the boundary line that separates two properties. The wall that separates your yard from your next-door neighbor’s, for example, could actually be on their property. They may have more land than they’re using.
Why you need a party wall agreement
Things like this typically aren’t cause for dispute until and unless something changes. For example, that neighbor may choose to remove the wall and build a new one, but want to move it so that it’s on the boundary line – giving them a larger yard. If you’ve got a row of hedges planted there, that would mean taking them out and ruining the ambiance you’ve tried to cultivate in your yard.
That’s where a party wall agreement (PWA) comes in. Too many people don’t realize the importance of a PWA until a dispute arises.
Some PWAs are written to transfer automatically when there’s a new owner. Others become invalid when a property changes ownership.
What is included in a PWA?
A PWA can specify a number of things, including:
- How property owners share responsibility and expenses for maintaining, repairing or replacing the wall
- When an alteration in the wall (like moving it to correspond with the boundary line) requires both parties’ permission
- Whether one party has an easement to use part of the other’s property (for example, if the wall is built within the other homeowner’s boundary)
- The consequences for breaching the PWA
If you’re considering buying a property, it’s crucial to find out if it comes with a PWA and to review it carefully if you would be bound by it.
Whether you’re reviewing a current PWA, negotiating a new one or involved in a dispute over something that’s covered in a PWA, it’s crucial to have experienced legal guidance. This can help you protect your rights and your property.