A party wall at common law1 in single ownership will rarely be created expressly since an owner is not restricted unless and until the adjoining owner acquires rights over it. Until such rights are proved the wall will not rank as a party wall at common law and will only be a party wall to the extent agreed or used and no further2. Such rights can be created by agreement or by prescription3. If a boundary wall belonging to one owner is used for support by the adjoining owner for the necessary period and there is a resulting prescriptive
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