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.

What is an Abstract of Title

An Abstract of Title is a condensed history of the ownership of a parcel of land based on a search of the public records.

An abstract of title, or title abstract, summarizes briefly the various instruments appearing in the chain of title to the land that affect ownership. Abstracts were once used almost exclusively when closing a land sale, however, today they have most been replaced by title insurance.

The process of determining ownership of a parcel of property by searching and examining an abstract is a complex and laborious chore. Many times the abstract will not contain all of the transactions or proceedings that might affect ownership of the property. The title searcher, or abstractor as they are often called, usually a trained professional, must ensure that the title abstract is complete in every way.

An abstractor must search many different record sources to verify that the title to a parcel of land is true and correct. The abstractor verifies the original government land plat and patent and then searches the grantor and grantee indices to develop a chain of title.

You can search for Alabama Land Grants and Alabama Tract Books and Patents by searching the Alabama Secretary of State Land Records by clicking here.

Statewide Title Services, Inc.