A Party Wall Agreement is important to architects, real estate agents, contractors and some property owners. The agreement concerns the shared wall between two or more properties. It could divide the two sides of a duplex or townhouse. It could also divide the connected walls of row houses and some types of condominiums.
You may need this type of agreement if you are purchasing a building that is on the boundary line of another\'s property. Another situation might be when one owner builds a wall, then your neighbor builds a structure that flush with it. It is also possible to need a formal agreement if you construct a garden barrier that separates your property from the neighbor\'s.
When the deed of ownership for the property is officially registered, it must also have a legal agreement concerning ownership rights and obligations for any shared property. This agreement accompanies the property the first time that it is sold, and it remains with the property for future sales. This document is important, because it states that each owner actually owns the part of the party barrier that sits on their part of the property. It also makes owners aware that each one of them is subject to all cross-easements, and that they each also have reciprocal rights concerning it.
Your document will prove that you own the part of the barrier that sits on your property. It will also prove that you and your neighbor are obligated to allow for cross-easements and that you both have reciprocal rights concerning matters associated with the shared wall. The agreement also defines your ownership rights as well as the rights of your neighbor. It also spells out your legal responsibilities and consequences if either of you violates the terms of the contract. It further states that both of you are responsible for maintaining your own side.
It is possible to make changes in the original rules if they are desirable for both. If both are agreeable to the terms of a new agreement, a new document must be notarized and filed according to local codes. If one property owner wants to have any type of work done on or around the exiting barrier, both parties must agree to the changes. This assures that all owners are involved in all aspects of maintaining the structural intent.
However, owners do have the right to make new legal rules, or renegotiate the original document, if they choose to do this with mutual consent-- and if the new agreements meet local code ordinances. One of the most important reasons for having legal documentation is to make sure that owners maintain the structural content of it. In addition, all work on and around it must be agreeing with the adjoining-owner, and this is especially true if the project could cause damage to the neighboring side.
If any disagreement or doubt exists, property owners need to know that advice is available from local governmental offices that deal with building issues. Architects, lawyers or surveyors may also provide assistance.
The Party Wall Agreement is also valuable when one owner wants to demolish and rebuild an existing one. It also applies if one party or the other wants to increase the height or the thickness of an adjacent one. It can refer to other changes such as cutting into it for any purpose, inserting damp-proof courses of action, underpinning these walls and others. One definite advantage of this type of arrangement is that structures can be built on lots that might not, otherwise, be built on because of their size. Another consideration is that common dividing walls are generally built with better insulation and soundproofing, which benefits both property owners.
You can find details about the benefits of having a party wall agreement and information about reliable party wall surveyors on our website, now.