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California Legal Forms--Transaction Guide
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


12-28B California Legal Forms--Transaction Guide 28B.syn


Title

Party Walls and Boundary Agreements

Author

Matthew Bender Editorial Staff

Chapter Summary


ABSTRACT TEXT:

This chapter discusses party walls and boundary agreements. The law of party walls relates essentially to the law of easements and to the right of support by adjoining landowners in a common wall located on or near the line of division between their properties. The law of boundary agreements relates to the procedure by which an uncertain boundary line between adjoining lands is defined and fixed, with the agreed boundary attaching to the deeds under which the adjoining owners claim title. The chapter's research guide contains the California statutes relevant to these topics.

The chapter's legal background section defines a party wall, discusses how an agreement for a party wall creates an easement appurtenant, and distinguishes a party wall from a partition fence. It further explains the creation of a party wall by deed, implication, and agreement, which is the most common method. In addition, the section covers the scope of the party wall easement, modifications to the party wall, and the allocation of construction and maintenance costs for the party wall.

The legal background also examines boundaries and the methods by which they may be located and established. This section describes the creation of boundaries by a written description in a deed, by agreement, by estoppel, by adverse possession or prescriptive easement, or under the Cullen Earthquake Act if boundaries have been disturbed by earth movements. It provides details on the doctrine of agreed boundaries and the requirements for boundary agreements. Finally, the legal background discusses the natural-accretion rule and the artificial-accretion rule with respect to the ownership of land that accretes by natural or artificial means.

The chapter's transaction guide provides facts and documents needed regarding the landowners and the property in order to draft party wall or boundary agreements, as well as a procedural guide for the execution, acknowledgment, and recordation of party wall and boundary agreements.

The forms section contains party wall agreements, a grant of a party wall easement, and boundary agreements.

California Legal Forms: Transaction Guide (Matthew Bender) provides step-by-step guidance through all non-litigation business and personal transactions that are likely to arise in day-to-day practice, offering guidance through the drafting and filing of all the requisite forms. Topics include business organizations, real estate transactions, commercial transactions, wills and trust, contracts and obligations, performance of services, and personal transactions (including marital dissolution agreements). Each chapter includes four parts: a Research Guide, Legal Background, Transaction Guide, and Forms.

CORE TERMS:

Party Wall,Boundary Agreement,Easement,Right of Support,Adjoining Landowners,Adjoining Land,Common Wall,Property Line,Boundary Line,Deed,Easement Appurtenant,Partition Fence,Implication,Party Wall Easement,Party Wall Modification,Party Wall Construction,Party Wall Maintenance,Estoppel,Adverse Possession,Prescriptive Easement,Cullen Earthquake Act,Natural-Accretion Rule,Artificial-Accretion Rule

OTHER RELATED CHAPTERS: (View)

For a discussion of deeds, in which boundaries may be established, see Ch. 27, Deeds and Recording.

For a discussion of a party wall as an easement, see Ch. 28A, Easements and Licenses.

For a discussion of general contract principles, see Ch. 75, Formation of Contracts and Standard Contractual Provisions.

OTHER RELATED PUBLICATIONS:

For further discussion of party walls and boundaries, see:
  • California Real Estate Law and Practice, Ch. 81, Boundaries and Descriptions; and Ch. 383, Adjoining Landowners' Relations (Matthew Bender).
  • Powell on Real Property, Ch. 61, Party Walls; Ch. 66, Accretion; and Ch. 68, Boundaries (Matthew Bender).
  • California Forms of Pleading and Practice-Annotated, Ch. 11, Adjoining Landowners; and Ch. 101, Boundaries (Matthew Bender).
  • Purchase and Sale of Real Property, Ch. 34, Property Description, Encroachments and Fixtures; Covenants, Restrictions and Easements (Matthew Bender).
 
 
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