c. Party Wall

Party Wall

The supplied cases do not address party walls. ¹²³⁴

Under the Civil Code, a party wall is presumed to exist, unless a title or an exterior sign indicates otherwise, in dividing walls of adjoining buildings up to the point of common elevation; dividing walls of gardens or yards in towns and villages; and fences, walls, and live hedges dividing rural lands. Exterior signs or a title may rebut the presumption. Where such signs exist, the wall belongs exclusively to the owner of the property in whose favor they appear. (Civil Code, Arts. 658–662.)

Co-owners must contribute to the maintenance and repair of a party wall in proportion to their respective interests. A co-owner may generally renounce the right in the wall to avoid that obligation, but not when the wall supports that co-owner’s building. A co-owner may raise the wall at personal expense, subject to the other owners’ rights under the Civil Code; the other owners may acquire rights in the raised portion upon reimbursement as provided by law. Each co-owner may use the party wall in proportion to the right held in common, without impairing the other co-owners’ corresponding use. (Civil Code, Arts. 663–669.)