Joint ownership is a hot topic, since it is often at the heart of rather animated dilemmas between neighbors. To avoid living in a tense climate or having to end up one day in court to settle this type of disagreement, you might as well know what mistakes to avoid with a party wall. Let's not forget that a party wall belongs to both parties.
Mistake # 1: refusing to share ownership of a party wall
If this refusal is completely legal for owners who live in rural areas, it is absolutely prohibited by law to refuse to share ownership of a party wall in an urban area. However, this regulation does not concern other fences such as a fence, a wooden palisade or a vegetable hedge for example.
Mistake # 2: pretending that only one part of the wall belongs to the neighbor
In the case of a party wall, the part located on the neighbor's side is not the only one belonging to it. The legislation clearly states that the party wall is wholly owned by both parties. Besides, joint ownership does not only concern the fence wall of the two gardens but just as much a wire fence, a hedge, as well as the wall of a building that was built at the edge of the property.
Mistake # 3: refusing to cover half the cost of repair work
The cost of the work related to the repair or maintenance of a party wall is the responsibility of the two neighbors. However, shared payment implies that the two parties have previously given their written agreement on the price, the choice of contractor, materials and color. If one of the two owners has work carried out without the agreement of his neighbor, he cannot subsequently demand that the latter financially bear 50% of the cost of the operation. The owner at the initiative of the works is therefore obliged, in this case, to pay the entire amount alone.
Mistake N ° 4: to attach a garage to the party wall without the neighbor's agreement
Nothing prevents an owner from backing a building on its side of a party wall, whether it is a dividing wall or the wall of the neighboring house. Provided of course that a request for agreement is addressed to the neighbor. The latter may refuse the work if he judges that the solidity of the wall is likely to suffer. If agreed, operations can begin. But if holes must be drilled in the party wall, it is mandatory to leave a thickness of 5.4 cm on the side of the other owner.
Mistake N ° 5: forbidding your neighbor to climb plants on the party wall
This is a mistake because any owner can grow what he wants on his side of the wall. However, he is required to prune his plantations so that they do not go beyond the top. It is the same for any object that one of the two neighbors would like to attach to the party wall even if it is a billboard. The only obligation for everyone is not to harm the solidity of this construction. Find all the mistakes to avoid in your garden. Our practical gardening videos