Adjoining wall

A wall is adjoining when separating 2 properties belonging to different owners:

• 2 buildings
• A courtyard and a garden
• 2 fields.

However, the wall is not not adjoining if it presents:

• A single slope at the top
• Or tiles or borders located on one side only.

In these cases, the wall belongs exclusively to the owner on the side where these elements are located.

Citizenship can be demonstrated by different means :

• One title to property (e.g. deed of sale)
• One convention between neighbors published in the real estate file
• One possession thirty. For example, when one of the neighbors has been using the wall for more than 30 years, including by supporting a construction. Ownership of the wall can then be acquired by acquisition prescription, if this possession is continuous, peaceful, public and unequivocal for 30 years. Recognition of the acquisition prescription can be done amicably or by a notarial deed signed between the neighbors or before the court if one of the neighbors disputes. Evidence can be ancient photos, attestations, works invoices or any other document showing the use of the wall for 30 years.

The 2 owners must participate in the maintenance costs, in proportion to their rights.

When the wall is partially adjoining and partially privative, each neighbor contributes to the costs according to the portion he owns.

Everyone is responsible for degradations that he causes to the wall and may be ordered to bear alone the costs of rehabilitation if these damages result from his fault.

Except in case of emergency (e.g. if the wall threatens to collapse), repairs to a adjoining wall must be decided by a common agreement between the 2 owners. The costs are then shared between them.

If one of the owners makes works without the consent of the neighbor, outside an emergency situation, he alone assumes the cost.

The reconstruction of an adjoining wall is also done from a common agreement, with a sharing of costs between the 2 owners.

However, if the wall is to be rebuilt because a neighbor wishes to raise it (elevation) and the wall is not in a condition to support this elevation, that neighbor must finance the reconstruction alone. The excess thickness should be taken from its side.

The owner may decide to raise a common wall (we're talking aboutelevation) :

• Respecting the urban planning rules (height, distance, ...)
• And without harming the works of the neighbor.

Elevation is impossible if elements of the neighbor rest on the ridge of the wall, that is to say its top.

The raised part belongs exclusively to the owner who carried out the works. The maintenance costs of this part shall be borne exclusively by it.

The agreement of the neighbor is necessary only if the elevation involves a leaning on the adjoining wall. This agreement can be given orally, but it is recommended to formalize it in writing to avoid any possible dispute.

It is possible to remove the joint of a wall by buying the whole of the joint ownership of a wall, or by giving up his right to citizenship.