Where a party wall was held in common prior to 1926 each of the tenants in common was entitled to the use of, that is support from, the wall, with mutual rights to prevent its destruction. However, a tenancy in common of land can no longer exist as a legal estate1. The Law of Property Act 19252 now gives to the owner of each part such rights to support and user3 over the rest of the structure as may be requisite for conferring rights corresponding to those which would have subsisted if there were a valid tenancy in common4.
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