Atty.

Robles - UA&P 2016

PROPERTY LECTURE NOTES

(13 October 2016)

Party-wall

Our provisions on civil code on party wall are obsolete.

The regulatory agencies in the Philippines use only the provisions

that are pertinent for building code, ordinances of municipalities for
construction, etc.

The provisions of statutes and even ordinances are far more being
observed than the old provisions of the civil code.

Since the civil code promotes the idea that it is better to consolidate
than to subdivide, it happens that there are demarcation lines,
property lines,
(sa isang bayan tulad ng pilipinas nakasanayan natin yung we draw
a line, [how do I know where the edges of my property are?] nasanay
ang Pilipino na isesegregate niya ang kaniyang property for
protection, security, identification and etc.)
and from time to time you can use materials to make sure that the
divisions are observed you set up a wall.

Party wall serves as:

identification

demarcation

segregation

Party wall is that erected on the line between two
adjoining pieces of land, belonging to different owners
for the use of both properties.

Does it violate any law on regulation, that each of the adjoining
owners will construct his party wall?

No. No law disallows it. There can be a double wall

Traditionally when you say party wall, bumabaybay ka sa party line

A party wall is a structure for the common benefit and
convenience of both the tenements, which it separates.

A cannot destroy party wall because it will destroy interest of B in
that party wall. The obligation of A is to keep the wall standing for
his benefit and the benefit of his neighbor.
Cross-easement between A and B. they need one another.

It ordinarily means a wall of which the 2 adjoining
owners are tenants in common. It does not as a matter
of law necessarily imply a solid structure.

Materials for party wall are not particular in law. (law nor tradition
does not indicate that a party wall must be made of cement, steel,
wood, or rocks)

A party wall is a wall that is built by one owner partly on
the land of another owner for the common benefit of
both. The adjoining owners are not joint tenants or

tenants in common of the party-wall. Each is possessed

in severalty of his own soil up to the dividing line. But
the soil of each, with the wall belonging to him, is
burdened with an easement or servitude in favor of the
other, to the end that it may afford a support to the
wall and buildings of such other.

You cannot do anything that will prejudice easement rights of the
other

Four different senses of party-wall:
1. A party-wall is a wall for which the two adjoining
owners are tenants in common, which is the most
common and primary meaning of the term;
2. A party-wall is a wall divided longitudinally into two
strips, one belonging entirely to each of the
neighboring owners;
3. A party-wall is a wall which belongs entirely to one
of the adjoining owners, but is subject to an
easement or right in the other to have it maintained
as a dividing wall between the two tenements.

-

it must stand there to serve the purposes of the adjoining

owner

4. a wall divided longitudinally into two moieties, each
moiety being subject to a cross-easement in favor of
the owner of the other moiety.

Building code and Local government code are important.

Every wall and separation between two buildings, is
presumed to be in common or party wall if the contrary
is not so.

Unless it be shown that it is exclusively owned by A or B, it will be
presumed to be a party wall.

Party walls are generally regulated by statute.
The principles of these acts generally that the wall be
built equally on the lands of the adjoining owners at
their joint expense. But when only 1 owner wishes to
use such wall, it is built at his expense and when the
other wishes to make use of it, he must pay one half of
its value. Each owner has a right to place his joys in it
and use it for the support for his roof.

Art 658 easements of party wall shall be governed by the
provisions of this Title, by the local ordinances and customs insofar
as they do not conflict with the same, and by the rules of coownership.

Atty. Robles - UA&P 2016

The law of party walls is based on the doctrine of lateral

support is based on the doctrine of lateral support and
is statutory extension of the principle to buildings. An
owner of a party wall cannot extend the beams of his
building beyond the middle of the wall.

When the party wall has been built and the adjoining
owner is desirous of having a deeper foundation, he has
the right to undermine such wall, using due care and
diligence to prevent an injury to his neighbor, and
having done so, he is not answerable for any
consequential damages which may be ensue.

An adjoining owner of a party wall has a right to

increase its height, but in so doing is liable for any injury
to the adjoining building eve though the addition is
being built by a contractor and the damages caused by a
windstorm which causes the wall to fall.

When such a party wall exists between two buildings
belonging to different persons and one of them takes it
down with his buildings, he is required to erect another
in its place in a reasonable time and with the least
inconvenience.

The other owner must contribute to the expense of the
restoration of the new wall if the wall required such
repairs but such expense must be limited to the cost of
the old wall.

When the wall is taken down it must be done with care,
but it is not the duty of the person taking it down to
shore up or prop the house of its neighbor to prevent it
from falling, if however, the work be done with
negligence, by which accrues to the neighboring house,
an action will lie.

The right to use a party wall is not lost by the lapse of
time, it can be acquired by prescription after a sufficient
period.

A party wall must be built without openings. A party
wall can only be built for mutual support.

The principle of party walls is based upon mutual
benefit and does not extend to the interior of the lands
where the adjoining owner cannot be expected to build.

Where one built a party wall which was defective and
which fell over, injuring the adjoining premises, that
owner was held liable to the adjoining premises.

Where a building having a party wall is destroyed by
fire, having the wall standing, the easement in the wall
ceases, and so where the wall becomes unfit either
from age or accident.

mga nasunog na materials, may usufruct ka parin doon.
Usufructuary rights extends to the ash. (lacson)

An agreement between adjoining owners in relation to
a party-wall erected on the division lines of their lots is
binding on the parties and those who purchases subject
to such agreement, and creates cross easements upon
the lots. It creates a covenant running with the land.

If A, being older, pinayagan na sumabit sa partwall or dumikit, hindi
pwede i-question ng successors ni A or ni B.

A property owner who utilizes a party-wall erected the
owner of adjoining property must pay a reasonable
price for such use, either to the one who erected it or to
his grantee, although no agreement was made at the
time the wall was erected, and the one making use of
the wall may have acquired his title to the property
after the wall was in existence.

The regulation of party wall is a very ancient form of
exercise of the police power. Such regulation is an
interference with the rights and enjoyment of property,
sustainable only on the police power, and therefore to
be governed and measured by the strict extent of the
statutory grant.

How did police power enter into the picture?
- Rights might be abused or overpowered as such to affect the rights
of neighbors or others, it is within the state to regulate such and
ensure no one may take advantage.

Each purchaser of either lot on which a party-wall has
been placed has the right to assume that any
compensation as between their vendors has been paid.

The contract or agreement between A and B shall be respected.


Read:
Spaulding vs Grundy
Hoffstot vs Voight
Lea vs Jones
Mayer vs Martin
Sebald vs Mulholland