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Party Wall Repair Responsibility

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Wwwheaty

Junior Member
What is the name of your state (only U.S. law)? NEW YORK
Condition
Two adjacent buildings with common party wall. Building A is three stories tall, B is one.

The roof of A was in disrepair and caused the bricks near the top of the wall to fail.

Which building owner is responsible for the cost to repair the failure? Why?What is the name of your state (only U.S. law)?
 


FarmerJ

Senior Member
If both buildings are attached to each other is there anything in the titles of the structures that spells out maint /repair issues to common structural components ? If there is none and the non shared part of the structure is causing damage to another property I would guess its fair to assume that the damaged property owner can submit a claim to insurance and if the insurance pays off they will get what they need to go after the property owner of the property that damaged the other from lack of maint. BUT the best thing to do first before even submitting a claim is to consult with a atty using the links up top because if insurance denied a claim then the damaged property owner would know the best options available to them.
 

Wwwheaty

Junior Member
So the limits of the party wall is where the lower building receives it's support? And the above roof portion of the wall (and maintenance) belongs only to the higher building?

No damage to the lower building.
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? NEW YORK
Condition
Two adjacent buildings with common party wall. Building A is three stories tall, B is one.

The roof of A was in disrepair and caused the bricks near the top of the wall to fail.

Which building owner is responsible for the cost to repair the failure? Why?What is the name of your state (only U.S. law)?
**A: is this a homework question?
 

FarmerJ

Senior Member
I suggested speaking to a atty for a reason, if it is your property that is 3 storys and the other property is the one story and you had to tear down your building in order to create a parking lot, to tear down the entire so called joint wall would harm the other owner, so you would only have the upper parts removed because then it makes sense to leave it and a good arguement to abandon your interest in the wall since its not likely code would allow you to rebuild onto it. if that common wall between you began to crumble and crack down in the basement and had to be repaired it would make sense that you both share the repair cost since doing nothing could permit a fire to spread from one to the other more easily. Ill tell you my logic is if the part that serves only you is in need of repair then why would it be fair for other owner to assist you with money to repair it ? Your still free to speak to a atty or even try to get the neighbor to assist with the repair cost. ( If I was the owner of the one story I would take a look my self at the condition of the first couple of feet up from where the wall served as common wall and likely have a pro look at it and if that area didnt need repair- was solid and would cause no risk of water damage to the joint wall I would decline to share the cost & tell you that your repair crews had permission to use my roof as a staging area to complete your repairs. ( there is 3 story building in town here with a one story attached too that had to have many of the upper courses of brick were failing so they were removed and is in the process of being redone now) No work was needed to the common wall.
 

Wwwheaty

Junior Member
So a party wall is only the portion common to each of our buildings?
In my situation the party wall extends from the basement to my roof. The wall above this belongs to the neighbor who owns the three story building. Right?
 

HomeGuru

Senior Member
So a party wall is only the portion common to each of our buildings?
In my situation the party wall extends from the basement to my roof. The wall above this belongs to the neighbor who owns the three story building. Right?
**A: building A owner is responsibe.
 

FarmerJ

Senior Member
Www early on I asked > is there anything in the titles of the structures that spells out maint /repair issues to common structural components ? < if there is nothing addressing maint and you have someone out like say a structural engineer to look at the area that meets your roof and no problem is brought to your attention that would affect the area that serves the two structures together, as I said I would decline to help pay for the repair and offer they may use my roof as needed to get to the other, A atty can review your properties title to look for a maint agreement or anything addressing the issue that you may have missed and advise you accordingly.
 

drewguy

Member
No. I am the guy who owns the lower building and it is being suggested that I am responsible for fixing the third story brick work.
Is Owner A asserting you are responsible for the full amount, or 1/2? Even 1/2 seems like a pretty bogus claim.

BTW, does the party wall go all the way up to the 3d floor, or is it offset or only half as wide above the B roofline?
 

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