EASEMENT

OF
PARTY WALL
 Article 658

The easement of party wall shall be

governed by the provisions of this Title, by
the local ordinances and customs insofar
as they do not conflict with the same and
by the rules of co-ownership.
 it refers to all those mass of rights and
obligation emanating from the existence and
common enjoyment of wall fence, enclosure or
hedges, by the owner of adjacent buildings
and estates separated by such objects.

Easement of Party Wall

PARTY WALL
is a common wall which
separates the two estates, built
by common agreement at the
dividing line such that it
occupies a portion of both
estates on equal parts.
PARTY WALL
is a co-ownership. It is, in fact,
a kind of compulsory co-
ownership- a forced indivision
in which the parties are part-
owners, governed as it is also
by the rules of co-ownership.

-each owners owns part of the wall

-an owner may use a party wall to the
extend of the portion on his property.
-not all common walls or walls in co-
ownership are party walls.
PARTY WALL DISTINGUSHED FROM
CO-OWNERSHIP
PARTY WALL
the shares of the of the co-owners cannot be
physically segregated but they can be
physically identified.
there is no such limitation as to use of the
party wall for exclusive benefit of a party
Any owner may free himself form contributing
to the cost of repairs and constriction of a
party wall by renouncing all his rights thereto.
CO-OWNERSHIP
o can be divided separated physically, before
such division, a co-owner
o a co-owner cannot be point to any definite
portion of the property as belonging to him
o none of the co-owners may use the
community property for his exclusive benefit
o Partial renunciation is allowed.
 Article 659

The existence of an easement of party wall

is presumed, unless there is a title, or
exterior sign, or proof to the contrary:
(1) In dividing walls of (2) In dividing walls of (3) In fences, walls and live
adjoining buildings up to the gardens or yards situated in hedges dividing rural lands
point of common elevation cities, towns, or in rural
communities
 Article 660

It is understood that there is an

exterior sign, contrary to the
easement of party wall:
1) Whenever in the dividing
wall of buildings there is a
window or opening;
(2) Whenever the dividing wall is, on (3) Whenever the entire wall is built
one side, straight and plumb on all its within the boundaries of one of the
facement, and on the other, it has estates
similar conditions on the upper part, but
the lower part slants or projects
outward;
(4) Whenever the dividing wall bears
the burden of the binding beams,
floors and roof frame of one of the
buildings, but not those of the
others;
(5) Whenever the dividing wall between
courtyards, gardens, and tenements is
constructed in such a way that the
coping sheds the water upon only one of
the estates;
(6) Whenever the dividing wall, being
built of masonry, has stepping stones,
which at certain intervals project from
the surface on one side only, but not on
the other;
(7) Whenever lands
inclosed by fences or live
hedges adjoin others
which are not inclosed.
 Article 661
Ditches or drains opened between two estates are
also presumed as common to both, if there is no
title or sign showing the contrary.

There is a sign contrary to the part-ownership

whenever the earth or dirt removed to open the
ditch or to clean it is only on one side thereof, in
which case the ownership of the ditch shall belong
exclusively to the owner of the land having this
exterior sign in its favor.
 Ditches or Drains between
two estates
The deposit or
debris on one side
alone is an exterior
sign that the owner
of that side is the
owner of the ditch
or drain.
Contribution to cost of repairs and construction
of party walls

In proportion to cost of Renunciation of rights to

repairs and construction party wall
of party walls
 Demolition of building
supported by party wall
An owner may also renounce his
part of ownership of a party wall if he
desires to demolish his building
supported by the wall.

He shall bear all the expenses of

repairs and work necessary to
prevent any damage which the
demolition may cause to party wall.
Art. 664: Increasing height of party wall
by an owner
An owner is given the right to increase the height of a party wall subject to the
following condition:

He must do so at his own expense

He must pay for any damage which may be caused thereby if the damage
is temporary
He must bear the cost of maintaining the portion added
He must pay the increase cause cost of preservation of the wall
 Article 665
The other owners who have not contributed in giving
increased height, depth or thickness to the wall may,
nevertheless, acquire the right of part-ownership
therein, by paying proportionally the value of the
work at the time of the acquisition and of the land
used for its increased thickness.
Art. 666: Proportional use of
party wall
The part owners share in the expenses of maintaining
a party wall in proportion to the interest of each.

They also have a proportionate right to use without

interfering the common and respective uses by the
other co-owners