Party-Wall agreements have been used in the past to manage the relationship between owners with a common border and a wall in the middle of the land line that supports buildings on both grounds. While non-compliance is not a crime, your neighbours can take civil action against you and issue an injunction to stop the work until a contract to strengthen the party is concluded. This delays your project and will probably increase your costs – your contractor may ask for compensation for the time he cannot work, or start another job and not return for several months. The party partition agreements are an element of expansion and renovation that you might need to know. Disoriented by the legality? Michael Holmes, an experienced real estate renovator, explains what it is and what the rules of the Party Wall Act are. The duplexes are fantastic. And we won`t soon see a drop in their popularity – for many good reasons. But please don`t buy any while you`re blind to problems. Let your realtor check any party-wall agreement registered from the title. Also try to meet the neighbors if you can. Or buy the other half for your mother-in-law.
Typically, there are PWAs, so both parties know the “rules of the game” because it is the common wall. In this way, when a problem arises, as a party wants, to make changes to the wall, the agreement dictates how it should be done and who has to pay for it. The whole point is to establish responsibilities and rights of both parties before a problem arises, not after a problem arises when both parties have different expectations and motivations. First of all, you should know that you are entering into a form of common property with a neighbor that you may not even know. “What did you say” I buy my own half of a divided lot. It`s all mine!? Well, that`s mostly true. But you actually share a common wall between the two halves of the duplex (also known as the “party wall”). It is one thing to have something together of such value and importance with a spouse or parent or even with joint venture parties. But with strangers? Be aware. It can`t be a fun party. You can use this letter from the HomeOwners Alliance to send it to your neighbors.
Second, you share access and private property with your neighbor. “What” do I agree to own the party wall together, but the rest of my property is my property!? Well, look at your province`s legislation or perhaps the “party wall” agreement that is probably inscribed against the title in your home. It probably gives relief on your property in favor of the nearby duplex (and vice versa). This facility generally allows the other owner to access as much as necessary to build, maintain, repair and rebuild not only the party wall, but each “extension wall” (i.e. walls or roofs or other structures adjacent to the party wall or located in the immediate vicinity). Neighbours can claim compensation if they can prove that they have suffered a loss because of work, and this may even require the removal of the work. The same applies if you have a party contract with your neighbours, but you do not respect the agreed terms. Your neighbour has 14 days to respond and give his consent or ask for a village of party walls. If they accept the works in writing, you will not need an agreement on the party wall and this can reduce the fees, which are usually $700 to $900 per neighbor. So it`s worth contacting your neighbors first to discuss your suggestions and try to resolve any problems in advance, or at least make sure they get the notification and respond within 14 days, because if they don`t, they`re considered contentious and you`ll have to call a surveyor anyway to find out if they`re accepting the work.