Sharing is Caring: Understanding Rights and Obligations for Property Subject to a Party Wall Agreement

Do you share a wall with your neighbor? Are you wondering what your rights are regarding conflicts, maintenance, or allocation of costs? Have you bought a property with a Party Wall Agreement and need advice to review and understand your rights and obligations? GLO has helped many clients understand how these agreements affect their properties.

What is a party wall agreement and what is its purpose?

A Party Wall Agreement is an agreement signed by two property owners who share a common wall, known as a “Party Wall.” Party Walls are most commonly found in apartments, condominiums, and office complexes, where different tenants share a common structure. The agreement’s main objective is typically to outline how the parties will handle any repairs, maintenance, or changes to the wall since these could potentially affect both parties. Such agreements will stipulate rules regarding a party’s rights to alter the wall.

In other words, the goal of a Party Wall Agreement is to anticipate and solve disputes between parties before they ever happen. It can also address instances when one party has access to the other unit, in case repairs are needed.

Is a Party Wall Agreement binding on subsequent purchasers?

Yes, generally Party Wall Agreements bind subsequent purchasers. Party Wall Agreements are enforceable as covenants running with the land, so that future owners or assignees are bound by the agreement. So, when the buyers purchase the property subject to the Party Wall Agreement, they have the same rights and bear the same burdens that were originally imposed under the agreement.

How can GLO help?

If you’re thinking about purchasing a new property, or already have property with a Party Wall and want to see if there is an existing Party Wall Agreement, GLO will help review and understand the terms.

If you’ve bought property that does not have a Party Wall Agreement and want to establish one, GLO will help prepare a Party Wall Agreement.

Please fill out an Intake Form to inquire about working with GLO.

GLO has prepared this blog to provide general information on legal issues that may be of interest. This blog does not provide legal advice for any specific situation and this does not create an attorney-client relationship between any reader and GLO or its attorneys. GLO engages clients only through specific fee agreements. GLO does not guarantee any results.