Party wall disputes are some of the most common but also frustrating issues for home and landowners. The laws around Party Walls can be complicated and it’s easy to misinterpret the rules or feel completely overwhelmed by your rights and responsibilities. In this blog, Icon Surveyors will discuss who, in accordance with the Party Wall etc Act 1996, owns a Party Wall.
What is a Party Wall?
Before we explore who owns a party wall, it’s important to determine what a party wall is defined as. The Party Wall Act defines a party wall as a wall that stands on the land of different owners and forms part of a building that is not an artificially formed support on which the wall rests, or a line of juncture which separates, land, buildings, and/or structures belonging to different owners.
In other words, a party wall is a partition that divides land, buildings, or structures that two or more different owners share. For example, anyone living in a terraced house will typically share the walls and maybe even floors, ceilings, roofs and chimneys too. Another example of a party wall is a brick wall built in either the front or back garden that divides two properties.
How is Ownership of a Party Wall Determined?
The Party Wall Act 1996 was created to prevent any building work that could compromise the structural integrity of shared walls in adjoining properties. This act only applies to properties in England and Wales, not in Scotland and Northern Ireland. Under the Party Wall Act, there are two types of owners. The first is an adjoining owner and the second is the building owner.
An “adjoining owner” is any owner of land, buildings, storeys or rooms that adjoin those of a “building owner”. A “building owner” is an owner of land who wishes to exercise their right to carry out works under section 2 of the Act. This means any person who owns the land and wants to carry out work or build on their land may have an adjoining neighbour who shares a part of that land and could be impacted by these works.
Who owns the party wall actually depends on where the wall is placed and who owns the land on which it sits. This impacts who is responsible for the maintenance of the wall and any associated costs. Ownership of land can usually be determined in England and Wales by obtaining a copy of the Title Deeds from the Land Registry.
If we consider a garden wall that has been built on the land of two different owners to separate adjoining properties, and that wall is placed in equal measures on each of the owner’s land, each owner will own 50% of the party wall.
If, however, the wall was positioned so that most of it was placed on one of the owner’s land, then the party wall would not be owned in equal measure. In this case, the person who has most of the wall on their land would own the larger share of the wall.
Party Wall issues can be complex and often require professional insight to avoid disputes. Icon Surveyors are happy to provide a free consultation of impartial advice to anyone who is considering or may become involved in a project that comprises Party Wall works.
