Since a party wall easement is an interest in land, it may be created by express deed drawn and executed with the same formalities as any other deed to real estate, or by a deed provision granting or reserving party wall interests. A contract, or provision in a contract, may also operate to create party wall interests. The following form is a general form establishing a party wall.
A Minnesota Party Wall Agreement is a legal contract that governs the shared wall or partition between two adjoining properties. This agreement outlines the rights and responsibilities of both property owners in regard to the structure and maintenance of the party wall. It is typically designed to prevent conflicts and disputes that may arise while sharing a common wall. In Minnesota, there are two main types of Party Wall Agreements: 1. Voluntary Party Wall Agreement: This type of agreement is entered into willingly and by mutual consent between both property owners. It details the terms and conditions agreed upon by the parties involved, including provisions for repairs, maintenance, and expenses related to the party wall. The agreement may address issues such as the type of materials to be used for repairs, access to the wall for inspection, and the consequences for failure to comply with the agreement. 2. Statutory Party Wall Agreement: Sometimes, when an agreement cannot be reached voluntarily, Minnesota law allows for a Statutory Party Wall Agreement. This is typically initiated when one property owner wishes to make alterations or repairs to the party wall and the other owner does not consent. In such cases, Minnesota Statutes provide a legal framework to resolve disputes and ensure that the work can proceed while protecting the rights of both parties. The Statutory Party Wall Agreement allows for the appointment of a surveyor who assesses the impact of the proposed work and determines the appropriate compensation to be paid by the initiating property owner. It is important to note that both voluntary and statutory Party Wall Agreements are legally binding documents and must be executed in accordance with Minnesota laws and regulations. These agreements play a significant role in maintaining harmonious relationships between adjoining property owners by establishing clear guidelines on the use, maintenance, and alterations to the party wall.
