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 title
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234