92. Party walls
Feedback & supportIn this section, “conveyance” has the same meaning as it has 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 operates to create such easements accordingly.
land
“land” means the surface of any defined parcel of the earth, and all substances thereunder, and so much of the column of air above the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest in land and all vegetation growing thereon and structures affixed thereto. Subject to any provision to the contrary the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;
This section applies —
to all conveyances coming into operation after the commencement of this Act, whether they affect land under the provisions of this Act or otherwise; and
to all conveyances which came into operation before such commencement, to the extent to which they affect land which subsequently is brought under the provisions of this Act.
Where a conveyance describes land by reference to a plan in which a wall is shown as a party wall, for the purposes of this section the plan shall be deemed to be incorporated in the conveyance and, unless a contrary intention appears, the centre of the wall shall be deemed to be the boundary.
The notation of the words “party wall” in a diagram on a folio of the land-register has the effect of a memorial of registration creating cross easements as described in subsection (2), and it is not necessary for the Registrar to enter any other memorial or notification relating to such easements.
Registrar
“Registrar” means the Registrar of Titles appointed pursuant to this Act.
The words “party wall” shall not be noted on a folio unless —
cross easements have been created pursuant to subsection (2); and
the words have already been noted, or are about to be noted, on any folio in existence for the adjoining land affected by the cross easements.[88