A party wall is a wall located on or at the division line between adjoining premises and used by adjoining landowners in the construction or maintenance of improvements on their respective properties. Generally, each owner of adjoining lands on which a party wall stands owns the part of the wall that stands on the owner's land and has an easement on the other part. Party wall interests are dependent on the terms of an agreement between the adjoining landowners. Unless the party wall agreement provides otherwise, the duration of the adjoining owners interests in the wall ordinarily continue as long as the wall stands. Party wall easements are terminated on the accidental destruction of the wall and, under some circumstances, on substantial changes in conditions of the neighborhood. The terms of the party wall agreement can provide for termination under other circumstances.
Since a party wall easement is an interest in land, it may be created by express deed drawn and executed with the same formalities as any other deed to real estate, or by a deed provision granting or reserving party wall interests. A contract, or provision in a contract, may also operate to create party wall interests. The following form is a general form establishing a party wall.
Party Wall Agreement For Fence
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FAQ
A: A party fence wall stands astride the boundary of two properties and does not form part of a building; e.g. a garden or boundary wall. Similar walls which stand wholly on one owners land are not party fence walls and are not covered by the Act. Fences are not covered by the Act.
The short answer is yes, subject to serving a valid notice and following the processes set out in The Party Wall Act. The party wall act only applies to structures (ie: a wall with a foundation), it does not apply to timber fences or other screens.
What should the party wall notice include?Give the name and address of the people doing the work ('the building owner').Be signed, either by the building owners or their authorised representative.Be dated.Be served on all neighbours ('adjoining owners') as defined by the Act.More items...?
You must tell your neighbours, provide them with a Party Wall Notice and come up with a Party Wall Agreement in writing. If you use a builder or an architect then they should be able to advise you on this, although they will not serve the notice for you.
Party Fence Wall It stands astride the boundary line between lands of different owners and is used to separate those lands. Wooden fences, or even fences with concrete posts, are not party fence walls.