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In This Volume

  • 223.1 In this Division:
  • “adjoining parcels” means two parcels that share a common boundary;
  • “grant”, used in relation to adjoining parcels, means a grant by the owner of one of the parcels in favour of the owner of the other parcel;
  • “party wall” means a shared supporting wall that is in a building or between two adjoining buildings and is situated on any part of the common boundary shared by adjoining parcels;
  • “party wall agreement” means an instrument that contains a grant of one or more positive covenants in relation to any of the following:
  • (a) altering, decorating, maintaining, repairing, replacing or taking down the party wall;
  • (b) carrying out procedures to ascertain the location of cables, drains, pipes, sewers, wires or other conduits in or near the party wall and clearing, repairing or replacing them;
  • (c) repairing damage as a result of doing anything referred to in paragraph (a) or (b);
  • (d) carrying out inspections, obtaining professional advice, drawing up plans and performing other tasks requisite for doing anything referred to in paragraphs (a) to (c);
  • (e) allocating between the owners of adjoining parcels the costs and expenses of doing anything referred to in paragraphs (a) to (d) and requiring the owners to pay the costs and expenses as allocated;
  • (f) carrying insurance in respect of a party wall.