Party walls and adverse possession: party wall divides lawyers and surveyors

Caroline Stroud (Caroline Stroud is an Assistant Solicitor in the Property Litigation Unit at Linklaters & Alliance. Linklaters & Alliance and advised Waterloo Real Estate Inc. on the first instance trial and subsequent appeal in the case discussed in this paper.)

Structural Survey

ISSN: 0263-080X

Publication date: 1 December 2000

Abstract

This paper concerns the 1999 Court of Appeal case of Prudential Assurance Co Ltd v. Waterloo Real Estate Inc., where it was held that a party wall can be adversely possessed by one of its owners. After an examination of the facts of the case, the paper analyses the legal requirements for a party wall to become adversely possessed; in particular the requirement that the land be possessed by the claimant and that the claimant has the requisite intention to possess the land. The practical consequences of the decision are also discussed, as well as preventative measures to avoid such situations arising.

Keywords

Citation

Stroud, C. (2000), "Party walls and adverse possession: party wall divides lawyers and surveyors", Structural Survey, Vol. 18 No. 5, pp. 221-224. https://doi.org/10.1108/02630800010360065

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Publisher

:

MCB UP Ltd

Copyright © 2000, MCB UP Limited

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