Cross easements

A party wall has different meanings according to the relevant statute or provision. A general definition would be:

'A party wall is a wall built or to be built on a common boundary of land, which passes vertically and longitudinally through that wall, 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 continued in such manner that each building supported thereby shall have the support of the whole wall.'  See s.181B(1) Conveyancing Act, 1919.

Separate ownership does not apply to cross-easements now created under s.88BB Conveyancing Act 1919 see s.88B(c)(3)(ii) Conveyancing Act 1919.

A wall must not be shown on a plan with the expression 'party wall' unless it is intended to create cross-easements over that wall. Likewise, cross-easements are only created in instances where the words party wall are shown on the face of the plan. Cross-easements in respect of party walls can be created by the registration of:

  • a dealing (by means of cross-easements for support or an application under s.48 Real Property Act 1900), or
  • a deposited plan (pursuant to either s.88BB or s.181B Conveyancing Act 1919).

Creating a cross-easement a party wall has different meanings according to the relevant statute or provision.

Extending an existing cross-easement by horizontal extension or vertical extension.
Definition on the plan the site of the party wall must fully defined on the face of the plan.
Extinguishment of a party wall by law is when the wall is physically demolished.