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Professional Practice: Party Wall

This document discusses various types of property rights: (1) Party walls are partition walls shared between two properties that provide common support. Neither owner alone can alter the wall without permission. (2) Easements of right of way allow passage through another's land without affecting ownership. It can be granted by owner consent or through repeated public use over 20 years. (3) Easements of light and air prohibit blocking natural light and air from a property. If windows receive light and air from a neighbor's land for 20 years, that right is acquired. (4) Natural rights of owners include constructing buildings as allowed, receiving unpolluted air and natural light, living comfortably, and

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Avinash Sanap
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42 views

Professional Practice: Party Wall

This document discusses various types of property rights: (1) Party walls are partition walls shared between two properties that provide common support. Neither owner alone can alter the wall without permission. (2) Easements of right of way allow passage through another's land without affecting ownership. It can be granted by owner consent or through repeated public use over 20 years. (3) Easements of light and air prohibit blocking natural light and air from a property. If windows receive light and air from a neighbor's land for 20 years, that right is acquired. (4) Natural rights of owners include constructing buildings as allowed, receiving unpolluted air and natural light, living comfortably, and

Uploaded by

Avinash Sanap
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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PROFESSIONAL PRACTICE

ASSIGNMENT 2
Date: 29-05-2020
NAME: GHY
FHG

6(A) PARTY WALL


A partition wall erected on a site/property boundary which is partly on the
land of one owner and partly on the land of other owner. This boundary or partition wall
provides common support to the structures of both sides of the boundary.
This common wall comes with certain rights attached to it. Each person
owns the property/land till the boundary wall. But since the wall is jointly owned there is
no chance of single owner enjoying an exclusive easement.
The parties can agree that the boundary wall is to be erected on land
owned entirely by one of them or that it is to stand partly, usually equally, on both parts.
Under a typical agreement, one owner can construct the wall and other can contribute
to its construction. Thus they agree to this construction as party wall. In case one owner
raises the height of the partition wall with the consent of the other, he thus does not
have an exclusive right over it. The other owner anyhow acquires the same rights as the
one who had raised it.

Not a single owner can provide grill, window or grill on this boundary wall without
permission of the other owner. If at all the owner has to build something besides this
wall in his own property, he will have to ensure the safety of the boundary wall.
6(B) EASEMENTS OF RIGHT OF WAY:
A right of way is basically allowing someone to pass through your land to
get to visit another location. This does not effect on the ownership of the land. A right of
way can be offered to individual or to public at a large number. This right is acquired by
prescription of through express grant.
Let’s assume 2 cases: 1) Acquiring easement with owner’s consent.
2) Without the knowledge or owner’s consent.
Taking the first case into the consideration. Any individual or group of people
can make a written agreement with the property owner and utilize this right for some
period. In very rare case it is given forever. In granting such right owner of the property
can demand compensation.
Whereas taking the second case under consideration, if an individual uses a
portion of land without having knowledge regarding the right or consent of the owner
and uses it as a pedestrian pathway or vehicular way repeatedly for 20 years or more
without even once being prevented from doing so or getting objected even for once,
then the person acquires an easement of right of way by prescription.

Once such easement is obtained/ acquired, the owner will anyhow have to
keep the portion of land free for movement of the individual using it for more than 20
years as a vehicular access. However if the easement is granted over a small piece of
land by the owner to the user, so in this case user cannot ask for a wide area to allow
his vehicle to pass over it.
6(C) EASEMENTS OF LIGHT AND AIR:
RIGHT OF LIGHT & AIR: this right means a person ensure that they posses
the provision of air and natural light by prohibiting building or block out within a specified
area on adjoining property. Which simply means every person has the right to obtain or
receive natural light and air which would fall or come on his property.
One has to build his building in such a manner that it will be ensured the
entry of natural light and air from his own property. In most cases the local authorities
suggest or have already specified the marginal open spaces on all sides depending on
the height and width of the structure.
Whereas in some cases where in the structure has the right to build it up to
the boundary in such case, they can obtain the light and air through adding internal
courtyards. The right for a person who has a window or building on or near a boundary
to enjoy the continuing transmission of light and air without being blocked or by erecting
something which would be constructed by adjoining property is a perspective easement.
If one owner constructs the building by touching the edge or boundary of the other
property and is obtaining light and air through adjoining property for a period of 20
years, he automatically acquires the easement of light and air.
The opening in such case becomes “ancient lights”
In such situation the owner of the adjoining property has to take that the
owner A’s light and air is not blocked out or not affected.
6(D) NATURAL RIGHTS OF OWNER:
The owner of every immovable property has a
Right to enjoy his property in following ways:
 Owner has the right to construct anything if and only if it fulfills all
the local regulations.
 Right to receive fresh air which is not polluted by other persons.
 Right to live in his house with physical comfort.
 Right to receive natural light and air that falls on his own property
vertically.
 Enjoy natural support for his land, trees and building from his
immediate surroundings.

It is just that owner cannot have easement over his own land. When the owner wishes
the sale his property he will have to sale it free of encumbrances. if at all their rises a
situation where the property is notified for acquisition, he will gradually have to disclose
such facts to the purchaser or bidder.

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