Clause 104

In this section, “conveyance” has the same meaning as in section 2 of the Conveyancing and Law of Property Act [Cap. 61], and it includes instruments of transfer taking effect under this Act.

Where in a conveyance of land made by a person entitled to convey or to create easements in respect of a wall built on the common boundary of that land and adjoining land so that the boundary passes longitudinally through the wall (whether centrally or otherwise), the wall is described as a “party wall”, that expression means (unless a contrary intention appears) a wall severed vertically and longitudinally with separate ownership of the severed portions, and with cross easements entitling each of the persons entitled to a portion to have the whole wall continue in such a manner that each building supported thereby will have the support of the whole wall, and the conveyance shall operate to create such easements accordingly.

Upon the registration of the conveyance creating any party wall, the Registrar shall include in a memorial entered for the conveyance on the relevant folio a reference to the creation of the party wall rights over the lot numbers as described in the conveyance.