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.
The Puerto Rico Party Wall Agreement is a legally binding document that outlines the rights and responsibilities of property owners who share a common wall or structure along the property boundary. It serves as a collaborative solution for resolving disputes and ensuring the proper maintenance, use, and division of shared walls in Puerto Rico. This agreement is commonly referred to as the "Acted DE Pared Come" in Spanish, acknowledging its significance in the Puerto Rican real estate industry. The agreement is designed to protect the interests of both property owners by setting clear guidelines and avoiding conflicts that may arise from shared walls. The Puerto Rico Party Wall Agreement may vary depending on the specific needs of the property owners and the characteristics of the shared wall. However, it typically includes important clauses such as: 1. Purpose: The agreement begins by stating its purpose, which is to establish a framework for sharing the common wall and ensuring the proper use and maintenance of the shared structure. 2. Boundaries: The agreement defines the exact boundaries of the common wall, specifying the length, height, and any other relevant dimensions. 3. Ownership Rights and Responsibilities: It outlines the respective ownership rights and responsibilities of each party in regard to the party wall. This section may include information on maintenance obligations, cost-sharing for repairs, and rules regarding alterations or additions to the wall. 4. Access and Support: The agreement may detail the rights of access and support required for maintenance, repairs, or restoration work on the party wall. 5. Confidentiality: In some cases, the agreement may include a clause regarding confidentiality, preventing the disclosure of sensitive information related to the shared wall or any disputes arising from it. 6. Dispute Resolution: To avoid potential conflicts, the agreement may outline dispute resolution mechanisms, such as arbitration or mediation, allowing property owners to resolve any disagreements amicably. It is important to note that while the above clauses are commonly included in most Puerto Rico Party Wall Agreements, variations may exist depending on the specific circumstances or any additional requirements agreed upon by the property owners. In addition to the general Party Wall Agreement, there might be specific types of agreements tailored to particular scenarios, such as: 1. Party Wall Easement Agreement: This agreement establishes a permanent right of access or use of the party wall, ensuring that one party can carry out necessary repairs, alterations, or maintenance on the shared wall. 2. Temporary Party Wall Agreement: In some cases, property owners may enter into a temporary agreement if they have ongoing construction or renovation projects that require shared wall support or access. By entering into a Puerto Rico Party Wall Agreement, property owners can proactively address any potential issues and ensure a harmonious and equitable relationship for their shared walls.
