Party Wall Responsibiliy

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Wwwheaty Active Contributor Join Date: Aug 2009 Posts: 17	Party Wall Responsibiliy 09/14/2010 5:50 AM
	Condition Two adjacent buildings with common party wall. Building A is three stories tall, B is one. The roof of A was in disrepair and caused the bricks near the top of the wall to fail. Which building owner is responsible for the cost to flair the failed bricks?
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user-deleted-1105 Guru Join Date: May 2007 Location: Harlow England Posts: 16512 Good Answers: 670	#1 Re: Party wall responsibiliy 09/14/2010 6:21 AM
	The party wall hasn't failed, the top of the wall is exclusively part of building A, and it was building A's roof that was at fault thus I can see no involvement by building B whatsoever. Of course there will doubtless need to involve leeches like lawyers etc as it is pretty evident that the owner of building A is a tightwad who won't spend a penny or fulfill his obligations to maintain the building in a state which ensures the safety of others. Del __________________ health warning: These posts may contain traces of nut.
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ozzb Guru Join Date: Mar 2007 Location: Rosedale, Maryland USA Posts: 5197 Good Answers: 266	#2 Re: Party wall responsibiliy 09/14/2010 7:13 AM
	File the damage on your home owner insurance. __________________ Life is not a journey to the grave with the intention of arriving in a pretty, pristine body but rather to come sliding in sideways, all used up and exclaiming, "Wow, what a ride!"
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Wwwheaty Active Contributor Join Date: Aug 2009 Posts: 17	#3 Re: Party Wall Responsibiliy 09/14/2010 1:08 PM
	So the limits of the party wall is where the lower building receives it's support? And the above roof portion of the wall belongs only to the higher building?
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dkwarner Guru Join Date: May 2006 Location: Placerville, CA (38° 45N, 120° 47'W) Posts: 6215 Good Answers: 248	#4 In reply to #3 Re: Party Wall Responsibiliy 09/14/2010 11:04 PM
	I'm no lawyer, and I don't play one on TV, but that sounds logical to me!. __________________ Teaching is a great experience, but there is no better teacher than experience.
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Bart@ Commentator Join Date: Dec 2007 Posts: 72 Good Answers: 3	#5 Re: Party Wall Responsibiliy 09/14/2010 11:10 PM
	We recently had significant tree damage from a windstorm. The insurance company stated that if a neighbor's tree in good condition fell on my property, I would have to clean it up. Alternately, if the tree was in poor condition and should have been removed earlier, it was my neighbor's responsibility to clean it up in my yard. Sounds like you have a clear case of the owner of building A being liable. (Depending on country, state or legal scoundrels smelling around.)
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Geode Hunter Power-User Join Date: Sep 2009 Location: N38º3', W085º3' Posts: 326 Good Answers: 19	#6 Re: Party Wall Responsibiliy 09/15/2010 6:34 AM
	This seems similar to a problem on a gravel road with 3 houses and one access to the state highway. we solved it this way. the house closest to the access was responsible for 1/3 of the lane from their driveway to the highway. the next closest was responsible for 1/2 from thier drive to the the first drive, then 1/3 from there to the higway, and so on. using this scenario the tallest house would be responsible for the wall above the shortest, as it would be no benefit to the lowest house. but.......... the coping caps keep both houses dry and the weather proofing and upkeep benefit both houses as long the wall exists. It would be in their best interest to both maintain the wall to avoid further damage. The wall after it passes above the lower building is no longer a parting wall and is now the exterior wall of the taller building. I believe the tallest building benefits the most and should be required to assume the greater share. __________________ There's a theory stating if anybody discovers exactly what the Universe is for & why it is here, it will instantly disappear & be replaced by something even more bizarre & inexplicable. There's another theory stating this has already happened.D Adams
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AGuest Power-User Join Date: Aug 2010 Posts: 108	#7 Re: Party Wall Responsibility 09/15/2010 9:13 AM
	As was eluded to by others, logic, personal responsibility, social responsibility, common sense and doing the right thing have very little influence on the outcome of a legal dispute. Get yourself a good lawyer, if you can afford it, or fix the wall - it would probably be cheaper to fix the wall in the run. __________________ "New and stirring things are belittled because if they are not belittled, the humiliating question arises, 'Why then are you not taking part in them?' " - H. G. Wells
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ba/ael Guru Join Date: Nov 2007 Location: Sherwood Park, Alberta, Canada Posts: 1212 Good Answers: 74	#8 Re: Party Wall Responsibiliy 09/17/2010 6:29 PM
	Did some bricks fall on the lower roof? Were Buildings A and B constructed at the same time? If not, was Building A constructed first? Where is the property line relative to the exterior face of the upper wall? __________________ Bruce
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