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'shared walls' -- what are the rules????

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solajijic
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Post by Sherman Tue Dec 22, 2015 9:03 am

If you are told that you have a shared wall, does anyone know what the rules are?

If the wall is yours, you build on the wall, you can restrict what's attached to the wall or what grows on the wall, etc.
But, for a shared wall, how does this change?

Thanks,

S.

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Post by CanuckBob Tue Dec 22, 2015 9:35 am

Ask an attorney that specializes in property disputes.
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Post by brigitte Tue Dec 22, 2015 9:35 am

Where do you live? If it is a fracc see their rules.
In the village most walls are not shared but the whole wall belongs to one neighbor or another. On my property the north wall and wall to the street is 100% ours, the south wall was build by that neighbor and the east wall built by that neighbor who reminds me on many occasion I have no right to touch her wall, paint it or go near it...but she seems to have the right to put ugly tubing on my side.

Before talking to a lawyer talk to the owners that surround your property and hear what they claim A shared wall strikes me as a little strange but who knows.. Findout who put up the walls and who paid for each one.


Last edited by brigitte on Tue Dec 22, 2015 9:43 am; edited 1 time in total

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Post by Sherman Tue Dec 22, 2015 9:41 am

brigitte wrote:Where do you live? If it is a fracc see their rules.
In the village most walls are not shared but the whole wall belongs to one naighbor or another. On my property the north wall and wall to the street is 100% ours, the south wall was build by that neighbor and the east wall built by that neighbor who reminds me on many occasion I have no right to touch her wall, paint it or go near it...but she seems to have the right to put ugly tubing on my side.

Maybe I could get my charming neighbor together with this person!

Thanks!

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Post by Sherman Tue Dec 22, 2015 9:45 am

CanuckBob wrote:Ask an attorney that specializes in property disputes.

I've been to two attorneys and will go back to my go-to person, Spencer.
But I always find it useful getting others' experiences, especially if there needs to be some 'creative' problem solving.

Thanks ....


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Post by solajijic Tue Dec 22, 2015 9:53 am

It would be nice to know what you are eventually told about shared walls. We have two but those walls involve three neighbors. Although I do know to get professional advice specific to my situation if necessary. I like knowing just enough to be dangerous.

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Post by brigitte Tue Dec 22, 2015 9:53 am

She is known as the purple witch..that says it all..

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Post by RVGRINGO Tue Dec 22, 2015 10:22 am

The usual solution is to build your own wall on your side of their wall.

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Post by Sherman Tue Dec 22, 2015 10:28 am

RVGRINGO wrote:The usual solution is to build your own wall on your side of their wall.

Yes, this has been stated several times and in writing for the people on the other side.

I would go into more detail, but I do not want to do that in a public manner.

So my question is still the same ....
for people who have 'shared' walls, what are people doing to live with this situation?

And, if I eventually get some solid answers, I'll post here.

Thanks

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Post by brigitte Tue Dec 22, 2015 11:58 am

Whe you say share wall do you mean shared legally, both owners of the property are the owners or you just maen shared physically but only one owner if the legal owner?
I think that is the first question to answer and then that determines what you can or cannot do.

By the way if you are both owning the wal I would think you can gow whatever your want or paint and if you damage your side you fix it and same on the other side. If the wall needs general repairs you should both pay yur share. That seems simple no?

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Post by Trailrunner Tue Dec 22, 2015 12:35 pm

Havenn't we all been down this road with you before? You're getting all the same answers you got before, what is the answer you're looking for?

You and your neighbor don't get along, apparently, and you share a common wall. Whoever built the wall owns it. If that's not acceptable, build your own wall and be done with it! Enjoy your life!
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Post by sparks Tue Dec 22, 2015 2:47 pm

Who cares what they do on the other side except maybe Bougainvillea that starts to hang over.  What they can't do is use the top of your wall to support any structure
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Post by slainte39 Tue Dec 22, 2015 7:31 pm

Trailrunner wrote:. Whoever built the wall owns it.


Absolutlely.  Get an engineer to survey the terreno and even if the neighbor built the wall and half of the linear area is on your side then you have a claim for half no matter who built it. More than likely the builder of the wall will have positioned it entirely on his property which gives him exclusive ownership. If he built it on your property then technically, legally, he just gave you a wall.
I would be surprised if the property line went right down the middle of the wall.  Is there anything in  your escrtitura referring to the wall or walls, such as granting an easement of some sort (or the neighbors registered escritura), around your property?, if not, then the property lines will be the determiner.
It's not complicated.

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