PARTY WALL. A wall dividing adjoining properties and owned in common by the owners of the properties or so that they have common rights in its use and maintenance. By the Eng lish common law, where the wall is partly on both lots, the adjoining proprietors are regarded as tenants in common of the wall, and probably of the land on which it stands, during the existence of the wall. In the United States, if the wall stands so that it is partly on both lots, the owner of eaeh lot retains the fee in the part of his land covered thereby, and also owns the portion of the wall standing on his lot, subject, however, to the easement of support incident to a party wall, in favor of the adjoining owner, and he has reciprocal rights in the other portion of the wall.
A party wall may, like any other easement, be created by grant, by prescription, or twenty years' user, and in a few States by virtue of statutes authorizing a person to build a party wall between his land and that of another and exact contribution from the latter under certain circumstances. The weight of authority in the United States is to the effect that statutes of the nature above referred to are unconstitu tional. as taking private property without com
pensation, especially as it is for private pur poses. In the few States where such statutes exist they are held valid as a legitimate exer cise of the pollee power. Neither owner of a party wall has a right to extend the front and rear walls of his building farther than to the middle of the party wall, nor can either main tain a window therein, even if the other party is not using his side. Either owner may increase the height of n party wail, provided the wall is thick enough "to hear the increased weight, or may increase its thickness on his own land." When a party wall becomes unsafe or dangerous, either party may repair it, even to the extent of rebuilding it, without causing injury to the other; but the one repairing or rebuilding can not in general require the other to pay his pro portionate share of the cost thereof. In most jurisdictions it is held that if the wall is to tally destroyed by any cause the easement is at an end, and neither party can rebuild without the consent of the other. Consult the authorities referred to under EASEMENT and REAL PROP ERTY.