Party wall

The definition given first applies in general terms to party walls as understood in most contries and jurisdictions.

Party wall (or parti-wall) is a dividing partition between two adjoining buildings (or units) that is shared by the tenants of each residence or business. The wall is sometimes constructed over the center of the property line dividing two terraced flats or row houses so that one half of the wall is on each property. They are sometimes two abutting walls built at different times. Party walls are typically made of non-combustible material. Where required by code, the party wall could be a fire wall. The wall starts at the foundation and continues up to a parapet, creating two separate and structurally independent buildings on either side. 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 between residential units.

In England and Wales, but not universally throughout the United Kingdom as there is nothing equivalent in Scotland or Northern Ireland legislation spedfically exists, the Party Wall etc. Act 1996, to afford rights on the owners of party walls, other party structures, and other matters affecting adjoining structures. 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 for 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.

Party walls are effectively in common ownership of two or more immediately adjacent owners, and other party structures can exist, such as floors dividing flats or apartments. In English law the party wall does not confirm a boundary at its median point and there are instances wjere the legal boundary between adjoining lands actually comes at one face or the other of a wall or part of it, and sometiems at some odd measurement within the thickness of the wall. The legal position is, however clear insofar as a party using or benefitting 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.

Apart from special statutory definitions, the term "Party Wall" may be used in four different legal senses.

It may mean:

1. a wall of which the adjoining owners are tenants in common;
2. a wall divided longitudinally into two strips, one belonging to each of the neighbouring owners;
3. a wall which belongs entirely to one of the adjoining owners, but is subject to an easement or right in the other to have it maintained as a dividing wall between the two tenements;
4. a wall divided longitudinally into two moieties, each moiety being subject to a cross easement, in favour of the owner of the other moiety.

Less commonly, it may also be spelled Parti Wall.

In the USA, the term most commonly refers to the wall within a condominium complex that separates two neighboring units or the wall between two adjacent rowhouses. Additionally, "Parti Wall" is not an acceptable spelling in the USA.

See also

• Rights of Light
• Architectural acoustics
• Property law
• Semi-detached housing

References and external links

•  This article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed. (1911). Encyclopædia Britannica (11th ed.). Cambridge University Press. 
• London Party Wall Surveyors, on the website of London Party Wall Surveyors
• Party wall guidance Royal Institution of Chartered Surveyors (RICS)