This article includes a list of general references, but it lacks sufficient corresponding inline citations .(September 2010) |
A party wall (occasionally parti-wall or parting wall, shared wall, also known as common wall or as a demising wall) is a wall shared by two adjoining properties. [1] Typically, the builder lays the wall along a property line dividing two terraced houses, so that one half of the wall's thickness lies on each side. This type of wall is usually structural. Party walls can also be formed by two abutting walls built at different times. The term can be also used to describe a division between separate units within a multi-unit apartment complex. Very often the wall in this case is non-structural but designed to meet established criteria for sound and/or fire protection, i.e. a firewall.
While party walls are effectively in common ownership of two or more immediately adjacent owners, there are various possibilities for legal ownership: the wall may belong to both tenants (in common), to one tenant or the other, or partly to one, partly to the other. In cases where the ownership is not shared, both parties have use of the wall, if not ownership. Other party structures can exist, such as floors dividing flats or apartments.
Apart from special statutory definitions, the term "Party Wall" may be used in four different legal senses.
In English law the party wall does not confirm a boundary at its median point and there are instances where the legal boundary between adjoining lands actually comes at one face or the other of a wall or part of it, and sometimes at some odd measurement within the thickness of the wall. The legal position is, however, clear insofar as a party using or benefiting from a party wall or structure abutting, on or in its land has rights to use the wall and for it to be retained should the other side no longer wish it to be there. For this reason, expert surveyors are used in the main to issue notices, deal with the response from someone receiving a notice and settling any dispute by an Award. Details can be obtained from the Royal Institution of Chartered Surveyors.
Originating in London as early as the 11th century, requirements for terraced houses to have a dividing wall substantially capable of acting as a fire break have been applied in some form or other. Evidently, this was not enough to prevent the several great fires of London, and the most famous of which being the Great Fire of 1666.
In England and Wales, the Party Wall etc. Act 1996, confers rights on those whose property adjoins a party wall or other 'party structure' irrespective of ownership of the wall or structure.
The principles of the party wall in Paris under the common law in 1765 are the following:
In the United States, the term may refer to a fire wall that separates and is used in common by two adjoining buildings (condominium, row house), or the wall between two adjacent commercial buildings that were often built using common walls, or built walls onto existing walls. Rights and obligations are governed by state statutes, and common law.
The wall starts at the foundation and continues up to a parapet, creating two separate and structurally independent buildings on either side.
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it.
A wall is a structure and a surface that defines an area; carries a load; provides security, shelter, or soundproofing; or, is decorative. There are many kinds of walls, including:
Ownership is the state or fact of legal possession and control over property, which may be any asset, tangible or intangible. Ownership can involve multiple rights, collectively referred to as title, which may be separated and held by different parties.
In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time under common law, whereas the highest possible form of ownership is a "fee simple absolute", which is without limitations on the land's use.
A deed is a legal document that is signed and delivered, especially concerning the ownership of property or legal rights. Specifically, in common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring (conveyancing) title to property. The deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral. Deeds include conveyances, commissions, licenses, patents, diplomas, and conditionally powers of attorney if executed as deeds. The deed is the modern descendant of the medieval charter, and delivery is thought to symbolically replace the ancient ceremony of livery of seisin.
A condominium is an ownership regime in which a building is divided into multiple units that are either each separately owned, or owned in common with exclusive rights of occupation by individual owners. These individual units are surrounded by common areas that are jointly owned and managed by the owners of the units. The term can be applied to the building or complex itself, and is sometimes applied to individual units. The term "condominium" is mostly used in the US and Canada, but similar arrangements are used in many other countries under different names.
A housing cooperative, or housing co-op, is a legal entity, usually a cooperative or a corporation, which owns real estate, consisting of one or more residential buildings; it is one type of housing tenure. Typically housing cooperatives are owned by shareholders but in some cases they can be owned by a non-profit organization. They are a distinctive form of home ownership that have many characteristics that differ from other residential arrangements such as single family home ownership, condominiums and renting.
In the United States, a plat (plan) is a cadastral map, drawn to scale, showing the divisions of a piece of land. United States General Land Office surveyors drafted township plats of Public Lands Surveys to show the distance and bearing between section corners, sometimes including topographic or vegetation information. City, town or village plats show subdivisions broken into blocks with streets and alleys. Further refinement often splits blocks into individual lots, usually for the purpose of selling the described lots; this has become known as subdivision.
In common law systems, land tenure, from the French verb "tenir" means "to hold", is the legal regime in which land "owned" by an individual is possessed by someone else who is said to "hold" the land, based on an agreement between both individuals. It determines who can use land, for how long and under what conditions. Tenure may be based both on official laws and policies, and on informal local customs. In other words, land tenure implies a system according to which land is held by an individual or the actual tiller of the land but this person does not have legal ownership. It determines the holder's rights and responsibilities in connection with their holding. The sovereign monarch, known in England as the Crown, held land in its own right. All land holders are either its tenants or sub-tenants. Tenure signifies a legal relationship between tenant and lord, arranging the duties and rights of tenant and lord in relationship to the land. Over history, many different forms of land tenure, i.e., ways of holding land, have been established.
In property law, a concurrent estate or co-tenancy is any of various ways in which property is owned by more than one person at a time. If more than one person owns the same property, they are commonly referred to as co-owners. Legal terminology for co-owners of real estate is either co-tenants or joint tenants, with the latter phrase signifying a right of survivorship. Most common law jurisdictions recognize tenancies in common and joint tenancies.
The four unities is a concept in the common law of real property that describes conditions that must exist in order to create certain kinds of property interests. Specifically, these four unities must be met for two or more people to own property as joint tenants with legal right of survivorship, or for a married couple to own property as tenants by the entirety. Some jurisdictions may require additional unities.
A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the owners of property. It is sometimes described as a forced sale. Under the common law, any owner of property who owns an undivided concurrent interest in land can seek such a division. In some cases, the parties agree to a specific division of the land; if they are unable to do so, the court will determine an appropriate division. A sole owner, or several owners, of a piece of land may partition their land by entering a deed poll.
Structural steel is a category of steel used for making construction materials in a variety of shapes. Many structural steel shapes take the form of an elongated beam having a profile of a specific cross section. Structural steel shapes, sizes, chemical composition, mechanical properties such as strengths, storage practices, etc., are regulated by standards in most industrialized countries.
Multifamily residential, also known as multidwelling unit (MDU)) is a classification of housing where multiple separate housing units for residential inhabitants are contained within one building or several buildings within one complex. Units can be next to each other (side-by-side units), or stacked on top of each other (top and bottom units). Common forms include apartment building and condominium, where typically the units are owned individually rather than leased from a single building owner. Many intentional communities incorporate multifamily residences, such as in cohousing projects.
In real estate, a Land lot or plot of land is a tract or parcel of land owned or meant to be owned by some owner(s). A plot is essentially considered a parcel of real property in some countries or immovable property in other countries. Possible owners of a plot can be one or more persons or another legal entity, such as a company, corporation, organization, government, or trust. A common form of ownership of a plot is called fee simple in some countries.
Utility sub-metering is a system that allows a landlord, property management firm, condominium association, homeowners association, or other multi-tenant property to bill tenants for individual measured utility usage. The approach makes use of individual water meters, gas meters, or electricity meters.
In law, a moiety title is the ownership of part of a property. The word derives from Old French moitié, "half", from Latin medietas ("middle"), from medius.
A fence viewer is a town or city official who administers fence laws by inspecting new fences and settles disputes arising from trespass by livestock that had escaped enclosure.
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions.
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, refers to parcels of land and any associated structures which are the property of a person. In order for a structure to be considered part of the real property, it must be integrated with or affixed to the land. This includes crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads. The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes. Personal property, or personalty, was, and continues to be, all property that is not real property.