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.
West Virginia Party Wall Agreement
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FAQ
Can I drill into a party wall without consent? Drilling into a party wall, to fix shelves or pictures is normally considered minor work that is not covered by the Party Wall etc.
If you're planning to carry out work to a wall, floor or ceiling that is shared between you and the owners of another property, then you may need to seek permission of the other owners. A law called the Party Wall etc Act 1996 applies if the work you carry out could disrupt or change a neighbouring property.
Party wall in American Englisha wall separating and common to two buildings or properties: each owner has a partial right in its use.
A boundary wall will normally be built with all of its piers on one side only of the wall, so as to keep the whole of the wall on its owner's land. A party fence wall may have its piers protruding from both sides of the wall.
A perimeter wall can also be called a boundary wall.
A wall is also a Party Wall if it stands wholly on one owners' land, but is used by two or more owners to separate their buildings. Floors or walls between flats are 'party structures'.
A party wall (occasionally parti-wall or parting wall, also known as common wall or as a demising wall) is a dividing partition between two adjoining buildings that is shared by the occupants of each residence or business.
The Party Wall Act is not a vehicle to try and thwart your neighbour's plans and prevent the proposed work going ahead. The time for objecting to any work is at planning stage where you can have your say and the local planning authority will either grant permission or refuse to.
Can I drill into a party wall without consent? Drilling into a party wall, to fix shelves or pictures is normally considered minor work that is not covered by the Party Wall etc.
It's a legal requirement for you to fulfil your obligation to Adjoining Owners if the work you wish to undertake is covered by the Act. It's worth double-checking with an experienced party wall surveyor whether this applies to the work your planning before you start.
