Party’s Over? Repair and Maintenance Obligations for Party Walls Separating Residential Properties

One constant point of consternation between neighbors is walls that divide two residential properties. Who is responsible for maintaining? If there is damage, who is responsible for repairing? What recourse is there is one of the owner makes alterations to the wall without the permission of the other owner?

These seemingly innocuous questions can lead to contentious litigation. It is important that homeowners and property managers know their rights, and obligations, when it comes to party walls. A party wall is a shared wall dividing two adjoining properties that is typically, but not always, on the boundary line between two properties. Party walls are often confused with division fences; however, division fences, unlike party walls, are governed by statute and require the adjoining owners to share the maintenance and repairs. Party walls are typically created through an express agreement between the adjoining owners or their predecessors and is often contained in the deed to the property. However, it may also be created in other ways such as through implication when it is fair and equitable or through the conduct of the parties.

Because party walls often support the integrity of the structure or land, an owner may be liable to the other owner for any injury or damage done to the party wall. Before taking any action with regard to a party wall, it is important to obtain the written consent of the other neighbor. It is also important to look to any written agreement establishing the party wall to determine the rights and obligations of the party. If an amicable resolution cannot be reached with the neighbor, legal action may be required.

In any boundary line dispute with a neighbor – whether a party wall, division fence, or some other boundary division – it is important to understand the nature and history of the division in ascertaining the rights and obligations of the parties. Action taken without understanding these rights and obligations could subject a party to damages or equitable relief. As attorneys experienced in addressing boundary disputes between neighbors, the Blake Law Firm is available to consult with you and help you understand what next steps are required to resolve your boundary line dispute.