A party wall is usually created by a contract between adjacent owners, by law or ordinance. Waterfront owners can enter into a contract for the construction of a party wall. The parties may agree that the wall must be located on land wholly owned by one of them or that it must be partially, usually in equal shares, on both plots. Under a typical layout, one part builds the wall and the other contributes to its construction. The parties may also agree that an existing separation wall must become a party wall. PARTY WALL. A wall erected on the line between two adjacent properties belonging to different people, for the use of both properties. Two bouv. Inst. n. 1615.
2. Party walls are usually governed by the laws of local legislators. The principles of these laws are generally that the wall is built in the same way on the land of the riparian owners at their common expense, but if only one owner wishes to use such a wall, he is built at his own expense and, if the other wishes to use it, he pays half of its value; Each owner has the right to place his beams in it and use them to support his roof. If the wall of the party has been built and the adjacent owner wants to have deeper foundations, he has the right to undermine this wall by avoiding with the necessary care and care any violation of his neighbor, and after doing so, he is not responsible for the consequential damages that may result. 17 John. R. 92; 12 mass. 220; 2 N.H. Rep. 534.
Empty 1 Dall. 346; 5 p. & R. 1. 3.