Facts About Tips On What Is A Party Wall

| Wednesday, October 26, 2011
By William Firth


If you have come across rental agreements, you may have asked yourself What is a party wall. This refers to a partition the divides a solid structure into two. Each side of the wall will belong to two different people. Usually the partition can be found in the middle of a property owned by two parties. It is to be noted that there are two kinds of party walls.

This divided structure is recognized in the legal act called the Party Wall etc. Act 1996. This legal ordinance also recognizes two kinds of partitions. The 1st kind is referred to as Type A. This kind of partition usually stands on the boundary of a structure that is owned by two people. There are cases wherein more than just a couple of owners are involved.

A Type A partition can take the form of a solid division dividing a semi detached home or a duplex. It can also be used to separate outdoor decks of two owners. Sometimes they can divide a back yard. This latter one is often referred to as a fence division, since it is outdoors and is often physically marked by a garden fence.

The Type B structural division stands on the property of one owner but can also be used to separate properties of 2 lot owners. In this case the partition is constructed in whole on one owners property. The neighbor may also have his own section or not. In some cases part of the partition may be considered a Type A fencing division if it stands on both properties.

The Party Wall Act 1996 may also include a section that mentions a divided structure or a structure notice. This refers to partitions that divide floors. This can refer to how showroom or store floors are divided without a solid partition in between each section. These are commonly used in agreements for business purposes in commercial buildings.

A fence divides open properties like farm lands or gardens in residential homes. They may have physical markings like a picket fence or be left without a solid structure. Sometimes agricultural land can be divided by small cement or wooden posts to let neighboring farmers know of their boundaries.

The Act was made to assist property owners for residential houses, farm lands, or commercial buildings to avoid legal problems and agreements regarding crossing property lines. Often times, it cannot be helped if one person or home owner needs to cross property limits to perform repairs or to construct something near the property line. The Party Wall etc Act 1996 can also be used as a legal directive for property owners to follow. This helps to preserve rights of their neighbors and their own rights as well.

What is a party wall in relation to legal matters. Legally, this kind of partition can sit on one or both land or building owners property. Each owner will own equal parts of the partition. The partition is also subjected to cross easements and reciprocal rights over the use of each property. Maintenance of the partition is also divided between the two owners.




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