368. Effect of a party wall declaration.

368.     Effect of a party wall declaration.

A declaration in a deed that a wall is a party wall normally creates a party wall at common law in the third sense1. Whether or not such a declaration creates an express obligation or covenant to repair, contrary to the general rule2, will depend upon the true construction of the declaration. Any such express repairing obligation, imposing positive burdens, will not bind successors in title3 and the common law principle of mutual benefit and burden4 is unlikely to apply to party walls5.