Wall

An erection of stone, brick or other materini, raised to some height, and intended for purposes of security or inclosure. In law, this term occurs in such compounds as "ancient wall," "party-wall," "division-wall," etc.

— Common wall. A party wall; one which has been built at the common expense of the two owners whose properties are contiguous, or a wall built by one party in which the other has acquired a common right. Campbell v. Mesier, 4 Johns. Chi (N. Y.) 342, 8 Am. Dec. 570.

Occurs in the expressions ancient wall; common wall, division-wall, partywall; and private wall. See Flee. Ancient wall. A wall built to be used, and in fact used, as a party-wall, for more than twenty years, by the express permission or continuous acquiescence of the owners of the land on which it stands.' Common or division-wall. See Partywall. Party-wall. A wall built partly on the land of one person and partly on the land of another, for the common benefit of both, in supporting timbers used in the construction of contiguous buildings.2 A wall of which the two adjoining owners are tenants in common — the most common and primary meaning; also, a wall divided longitudinally into two strips, one belonging to each of the neighboring owners; also, a wall which belongs entirely to one of the adjoining owners, but subject to an easement or right in the other to have it maintained as a dividing wall between the two tenements; and, also, a wall divided longitudinally into two moieties, each moiety being subject to a cross-easement in favor of the owner of the other moiety. ^ The principle upon which the law as to party- walls is based is the same as that applied to partition fences. This principle has been recognizedin the law of France for ages. The absolute right of property is not invaded, for that absolute involves a relative, in that it implies the right of each ad joiner, as against the other, to insist upon a separation by a substantial bomidary line.* A right to a party-wall is a right which an owner of land has to build a division-wall partly over his line on the land of another. It is therefore a right appurtenant to land, and may properly be called an easement or servitude. In the city of Philadelphia, for example, this relation between adjoiners is regulated by statute. He that first builds on his line must erect the wall at his own expense, and it is then, as one whole wall, an essential part of his house, and real estate. Yet half of it rests on his neighbor's land, which is charged with a servitude for this purpose. The neighbor cannot use the wall without paying for so much of it as he intends to use; and, on paying, he may use it, and then the wall becomes a common wall, and each lot appurtenant to the other, as far as needed for its support. The price to be paid by the adjoining ■ Eno u Del Vecchio, 4 Duer, 63 (1854), Bosworth, J. " Brown v. Werner, 40 Md. 19 (1873), Robinson, J. s Watson v. Gray, L. E., 14 Ch. D. 194-95 (1880), Fry, lot-owner, before he can use the wall, is a fixed lien upon the lot, enforced by restraining the full use of the wall until the amount is paid. The mason who builds the wall may agree to look to the adjoiber for half the value, and retain a lien for that halt, which will remain incident to the wall, that is, to the house and wall, and pass on a sale of the house. In such case the owner of the house is a trustee of the lien for the builder of the wall, and a purchaser from such original owner, with notice of the agreement, becomes himself a trustee; but a purchaser without notice will take title to the wall discharged of the builder's claim. If the trustee sells the house without reserving the lien, he must account to the builder for the amount ofit.i The rights and liabilities of the co-owners differ somewhat in different jurisdictions. But the weight of authority is that an agreement, under seal between the adjoining owners, for the construction of a partywall, creates cross-easements which run with the laud and bind all persons, even an assignee, succeeding to the estates to which the easements are appurtenant. - If the necessity for the repair of an old wall be established, the cost will be divided. But some cases hold that the easement is terminated by decay or destruction of the wall, as, by fire.^ See Easement; Support, 2; Eip-eap.