Side wall
Verified 06 March 2024 - Directorate for Legal and Administrative Information (Prime Minister)
How do I know if a wall is attached and what are the rights and obligations of the owners? We are taking stock of the regulations.
A wall is attached when it fills one of the following conditions :
- It separates 2 buildings belonging to 2 different owners
- It separates a courtyard and a garden belonging to 2 different owners
- It separates 2 fields belonging to 2 different owners
However, the wall is not adjoining if it has a single slope at the top or if the tiles or curbs are located on only one side of the wall. In this case, the wall is owned exclusively by the owner on whose side the slope, tiles, or curbs are located.
Please note
a wall can be attached in its entirety, or only over a part.
Proof of the seniority of a wall can be provided by:
- One title to property (e.g. a bill of sale)
- One convention (agreement between neighbors) published in the real estate file
- One possessionHowever, this is the case when a building is built on a wall for 30 years. The property of the wall is then acquired by acquisition prescription.
Each owner must participate in the maintenance costs necessary.
The contribution to maintenance costs is proportional to everyone's rights to the wall.
Example :
If an owner owns half of the wall (private wall) and half of the other half, he will have to pay 3/4 of the maintenance costs if the maintenance is done on the whole wall.
Each owner is responsible for degradation he's talking to the wall.
In the event of a dispute, the owner responsible for the damage may be ordered by the judge to bear the costs of restoration alone.
Unless urgent (if the wall threatens to collapse for example), the repair of a semi-detached wall is done by common agreement between the 2 owners. The costs are shared between the 2 owners.
If the owner of a semi-detached wall works on the wall without the agreement of the neighbor (except emergency), the costs remain at his expense.
Warning
the reconstruction of a semi-detached wall is also done by mutual agreement between the 2 owners. The costs are shared between the 2 owners.
The owner of a side wall can decide to raise the side wall (this is called an elevation) provided that height rules are respected and not harm the neighbor. In this case, the upper part of the raised wall belongs exclusively to the owner who did the work. The maintenance costs of this part are then borne exclusively by him.
Neighbor agreement is required only if the elevation is accompanied by a ledge on the common wall.
Warning
If the common wall is not in a condition to withstand the raising, the one who wishes to raise it must have it rebuilt in its entirety at his own expense, and the excess thickness must be taken on his side.
You can remove the joint seniority of a wall by purchasing the entire joint seniority of a wall or by giving up the joint seniority.
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Purchase of joint citizenship
The purchase of the medium is possible for a wall that is located at the property boundary. This purchase can be made at any time.
FYI
The acquisition of joint citizenship is impossible if its purpose is to regularize irregular encroachment.
To buy the citizenship, you must first ask the neighbor by registered mail. The neighbor may refuse to sell his or her citizenship.
If the neighbor agrees, the act of citizenship must then be carried out at the home of a notary.
Who shall I contact
FYI
in case of difficulties with your neighbor and before appealing to the court of the location of the land, it is recommended to appeal:
- To a conciliator of justice (free of charge)
- Or to a mediator (fee-based approach)
- Or to a participatory procedure (paid approach with recourse to a lawyer).
The purchase of a minority involves the payment of a sum of money. This sum corresponds to 50% the cost of the wall and the value of the floor on which the wall is built.
Abandonment of the right of citizenship
It is possible to give up his right of citizenship. To do that, we must respect 2 conditions :
- You must not have a building that leans on the wall
- The wall must not hold its own or the neighbor's land (retaining wall)
In order to relinquish his citizenship, he must send a registered letter to his neighbor informing him of his intention to relinquish the citizenship of the wall and, thus, to give in to him. The abandonment of citizenship may be achieved by private act or the notary.
Who shall I contact
If a neighbor plans to give up his right of citizenship, but works are made necessary by his fault for lack of maintenance, he will first have to repair the wall before giving up citizenship.
FYI
in case of difficulties with your neighbor and before appealing to the court of the location of the land, it is recommended to appeal:
- To a conciliator of justice (free of charge)
- Or to a mediator (fee-based approach)
- Or to a participatory procedure (paid approach with recourse to a lawyer)
A neighbor who has given up his right of citizenship no longer has to participate in the maintenance work on the wall, which has become private for the neighbor.
However, it loses the benefits of joint ownership, including the ability to create a wall-based construction. The boundaries of his land are pushed back, as he loses possession of the ground under half the wall.
The remaining neighbor becomes the sole owner of the wall and floor on which it rests.
Please note
after giving up his right of citizenship, it is still possible to buy him back.
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