Party Walls and Joint Drives

driveway Party Walls and Joint Drives

Party walls, driveways, walkways or common walls may be disclosed by examination of title, survey or in other ways. These improvements give rise to  reciprocal rights in favor of the adjoining owners. These rights are usually excepted in a title policy.

The existence of common improvements or structures implies certain rights in each property owner to their continued existence, together with the obligation of each party to do nothing which would interfere with the rights of the other party. These rights and obligations may arise from recorded or unrecorded agreements or from long and continuous use which creates a prescriptive right. A party wall, common wall, driveway or walkway may be located along the property line, located entirely on the adjoining property, or located entirely on the property under consideration.

The plat or survey may show that the wall between the buildings is located entirely on the adjoining property or that it is located entirely on the property question.

Surveys may disclose driveways or walks used by both the owners of the insured premises and adjoining property owners. In a case like this, the rights of the various parties using the driveway or walk should be established.

Statewide Title Services, Inc.

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