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 Pennsylvania Party Wall Agreement is a legal document that governs the rights and responsibilities of adjoining property owners when it comes to shared walls, fences, or other structures on their property boundaries. This agreement ensures that both parties have a thorough understanding of their obligations and mitigates potential conflicts or disputes that may arise in the future. There are two main types of Pennsylvania Party Wall Agreements: 1. Party Wall Agreements for Shared Walls: This type of agreement is used when two or more property owners share a common wall. It outlines the rights and responsibilities of each party concerning the maintenance, repair, and alterations to the shared structure. It also includes provisions regarding the cost-sharing of these activities. 2. Party Wall Agreements for Boundary Fences: This type of agreement is used when neighboring property owners plan to build or maintain a boundary fence. It establishes guidelines on the style, height, and materials of the fence. It also outlines the financial obligations of each party for constructing, repairing, or replacing the fence. A Pennsylvania Party Wall Agreement typically covers various aspects, which may include: 1. Structure maintenance and repairs: The agreement states who are responsible for maintenance and repairs of the shared wall or boundary fence, including routine maintenance, damage caused by natural events, and wear and tear. 2. Cost-sharing: The agreement specifies how the costs of maintenance, repairs, and any required upgrades will be shared. This could be an equal split or proportionate based on factors such as property size or usage. 3. Alterations and modifications: The agreement outlines the procedure and requirements for making alterations or modifications to the party wall or boundary fence, including obtaining necessary permits, prior consent, or engineering evaluations. 4. Dispute resolution: In the event of any disagreement or dispute regarding the party wall or boundary fence, the agreement may outline the process for resolving the issue. This could involve mediation, arbitration, or legal action. 5. Indemnification and liability: The agreement may specify liabilities, indemnifications, and insurance requirements related to the party wall or boundary fence. This ensures that both parties are protected against any potential harm, damage, or legal claims. 6. Termination: The agreement may include provisions for the termination of the agreement, such as when one of the properties is sold or demolished. It is important to note that Pennsylvania laws regarding party wall agreements may vary, and it is advisable for both parties to consult legal professionals or experienced surveyors to ensure compliance with local regulations and to draft a comprehensive and enforceable agreement.
