Party Fences Walls Law & Legal Definition
A party fence/wall is a fence or wall located on or at the dividing line between neighboring premises and used, intended to be used, or available to be used by adjoining landowners in the construction or maintenance of improvements on their respective property. A party wall or fence usually stands half on the land of each owner but may be entirely on the land of one, and is maintained at mutual cost. Each owner of adjoining lands on which a party wall or fence stands owns the part of the wall that stands on the owner's land and has an easement, or right of use, in the other part, unless there is a contrary law or agreement.
Party fence/wall agreements are generally enforceable as covenants running with the land, so that future owners or assignees are bound by the agreement. An adjoining landowner's easement rights in the wall ordinarily continues so long as the wall stands, unless agreed otherwise. Party fence/wall easements are terminated on the accidental destruction of the wall and, under some circumstances, on substantial changes in conditions of the neighborhood.
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