MBE Rules · Real Property
Party Walls
Party walls and common driveways
The rule
Adjoining owners hold cross-easements of support in party walls and shared driveways; each may use the structure and must share necessary repair costs proportionally.
In plain English
Adjoining property owners have mutual rights to use party walls and shared driveways, meaning they can rely on these structures for support. When repairs are needed, both owners are responsible for covering the costs in proportion to their use or benefit from the structure.
Worked example
Two homeowners, Alice and Bob, share a wall between their houses. When the wall begins to crack and needs repairs, Alice and Bob both agree to fix it. Since they both use the wall for support, they split the repair costs equally. The outcome is that both homeowners are legally obligated to contribute to the repair expenses.
Memory hook
Share the wall, share the cost!
The trap
Exams may present scenarios where one owner tries to avoid paying for repairs by claiming they don't use the party wall, but the law requires shared responsibility regardless of usage.
How examiners test it
Questions often involve fact patterns where one owner disputes the need for repairs or the cost-sharing arrangement, testing your understanding of mutual obligations in party wall agreements.
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