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Disputes over Jersey Property – Party Wall Disputes

Property Disputes | Residential Property

Party Wall Disputes?

Disputes relating to party walls can occur between neighbours when buildings are for example renovated or some other sort of construction is carried out to a property. Determining what you can do or not do with regard to a Jersey party wall  can become a source of conflict and lead to disputes between neighbours.

Party Wall disputes are not uncommon.

Common causes of party wall disputes include:

  • Changes to a party fence
  • Cutting into a party wall
  • Demolition of a party wall or a section of it
  • Digging or excavating beneath the foundations of a party wall
  • Digging or excavating beneath a garden party wall

What is meant by a party wall in Jersey property law?

Under Jersey property law  a party wall is the co-ownership of a wall or boundary structure which separates two adjacent properties belonging to different persons (Mitoyenneté) . A wall or other boundary structure can only be mitoyen if it is built along the line separating two properties.

How is a party wall established?

Mitoyenneté is established either by presumption of law or by agreement.  The co-ownership of walls is established by agreement between the parties or failing this a presumtion in law. In the absence of a written contract passed before Court or other proof establishing the type of ownership, the presumption is that the wall is mitoyen. There is an exception to this presumption if the wall supports a building on one side and there are neither buildings nor remains thereof on the other. In such a case, it is presumed to belong to the person taking advantage of it (i.e. the presumption is that a predecessor in title built the wall on his own land and at his own cost and therefore belongs to him).

Avoiding a party wall dispute

A party wall issue that gets out of control can end up very expensive and cause a lingering cause of angst between you and your neighbour.  It is always advisable, to contact an expert party wall dispute lawyer for advice if you are carrying out major renovations which might affect a party wall or boundary – or if a neighbour is planning to carry out renovations or has started on renovations which might affect a party wall between you. Otherwise if it gets out of hand you may find the only way to resolve the issue is Royal Court proceedings.

When to seek legal advice?

Jersey property law dealing with party wall issues can be complicated.  A cursory review of the contract may provide a laymen with an indication of the issue, but the customary law of Jersey relating to property law must also be factored in.  This may have a bearing on the issue in question and can be an issue that needs to be considered.  We would suggest that you seek Jersey law property advice before engagement to avoid costly issues.

For advice, assistance or further information on party wall disputes in Jersey contact Parslows Jersey Property dispute lawyers or call 630530 or email us on litigation@parslowsjersey.com or call 630530.

Please note that the information provided on this website is for general information purposes only and is designed to provide you with an outline of the legal services we offer.  Whilst we endeavour to ensure our information is correct and useful, we make no representations or warranties regarding the accuracy or completeness of the information offered.  Information on our website does not constitute legal advice and Parslows Jersey accepts no liability for any loss or damage arising out of, or in connection with, the information found in this website.  Please consult a lawyer at Parslows Jersey in the event that you require professional assurance that our information, and your interpretation of the same, is correct.

Parslows Jersey are here to help with all your legal queries call us today on +44 (0) 1534 630530

Or email us on enquiries@parslowsjersey.com