WHAT IS A PARTY WALL?
A party wall is a common wall shared between owners of adjoining properties. Examples of this include semi-detached townhouses, adjoining condominium units or duplexes.
WHAT IS A PARTY WALL AGREEMENT?
A party wall agreement details the rights, obligations, and ownership with respect to the common wall (the party wall). The agreement will provide specific details such as: maintenance obligations, encroachments of the wall on to the neighboring property and restrictions on renovations or alterations. The agreement must be signed by all parties that share the party wall.
WHEN DO YOU NEED A PARTY WALL AGREEMENT?
A party wall agreement is always recommended. If you purchase a property without such an agreement in place, speak to your lawyer about creating a proper agreement between yourself and the other party, and having it registered on title to avoid any potential disputes in the future.
WILL MY LAWYER EXPLAIN THE EXISTING PARTY WALL AGREEMENT TO ME?
Yes. In the instance of a home purchase, your lawyer will review the existing party wall agreement registered on the title of the home. They will explain your rights, ownership and obligations as agreed to in the existing party wall agreement and advise you if there is anything that may be of concern. It is important to understand what you and your neighbors can / cannot do in respect to your property and any shared common wall(s) (party wall).