Abella, Ma. Kiana, M.

Bautista, Patricia Anne D.

3LM1
Easement of Party Wall
(Article 658- Article 666)

Article 658
The easement of party wall shall be governed by the provisions of this Title, by the local
ordinances and customs insofar as they do not conflict with the same, and by the rules of coownership.

Easement of party wall defined.

Easement of party wall refers to all those mass of rights and obligations emanating from
the existence and common enjoyment of wall, fence, enclosures or hedges, by the owners of
adjacent buildings and estates separated by such objects. (2 Castan 532)
Nature of party wall
A party wall is a common wall which separates two estates, built by a common agreement
at the dividing line such that it occupies a portion of both estates on equal parts.
Strictly speaking, a party wall is a co- ownership. It is in fact, a kind of compulsory coownership- a forced indivision in which the parties are part- owners, governed as it is also by
the rules of co- ownership.
(1) Each owner owns part of the wall but it cannot be separated from the other portions
belonging to the others. A party wall has a special characteristic that makes it more of
an easement as it is called by law.
(2) An owner may use a party wall to the extent of the portion on his property. Not all
common walls or walls in co- ownership are party walls. Thus, a wall on a lot coowned by two persons is a common wall but not a party wall.

Party wall distinguished from co- ownership

PARTY WALL
CO- OWNERSHIP
1. The shares of the co- owners cannot be 1. The share of the owners can be divided
physically segregated but can be physically but a co- owner cannot point to any
identified.
definite portion of the property.
2. No limitation on the exclusive use.
2. None of the co- owners may use the
community for exclusive benefit because he
would be invading the rights of others.
3. The law concedes to one of the co- 3. The act of partial renunciation or renouncing
owners the exclusive right to make of co- owners share for the cost of repairs and
works for his exclusive benefit and construction of a party wall is by virtue of a
such grant is by virtue of the right of right of co- ownership.
servitude.
Article 659
The existence of an easement wall is presumed, unless there is a title, or exterior sign, or
proof to the contrary:
(1) In dividing walls of adjoining buildings up to the point of common elevation.
(2) In diving walls of gardens or yards situated in cities, or towns, or in rural
communities;
(3) In fences, walls and live hedges dividing rural lands.

When existence of easement of party wall presumed

In the three cases mentioned, the presumption is that the structures referred to are party
walls.
The legal presumption is juris tantum; it may be rebutted by a title or exterior sign, or any
other proof showing that the entire wall in controversy belongs exclusively to one of the
adjoining property owners.

Article 660
It is understood that there is an exterior sign, contrary to the easement of party wall:
(1) Whenever in the dividing wall of building there is a window or opening;
(2) Whenever the dividing wall is, on one side, straight and plumb on all its facement and
the other, it has similar conditions on the upper part, but the lower part slants or
projects outward.
(3) Whenever the entire wall is built within the boundaries of one of the estates;

(4) Whenever the dividing wall bears the burden of the binding beams, floors and roof
frame of one of the buildings, but not those of the others;
(5) Whenever the dividing wall between countryards, gardens, and tenements is
constructed in such a way that the coping sheds the water upon only one of the
estates;
(6) Whenever the dividing wall, being built of masonry, has stepping stones, which at
certain intervals project from the surface on one side only, but not on the other;
(7) Whenever lands inclosed by fences or live hedges adjoin others which are not
inclosed.
In all these cases, the ownership of the walls, fences or hedges shall be deemed to belong
exclusively to the owner of the property or tenement which has in its favour the presumption
based in any one of these signs.

Exterior signs rebutting presumption

(1) Ownership of party wall- Article 660 mentions some exterior signs rebutting the
presumption of a party wall. The wall becomes the exclusive property of the owner of
the estate which has in its favour the presumption based on any of the above exterior
signs. The enumeration is merely illustrative, and is not exclusive.
(2) Where exterior signs contradict each other- The exterior signs may contradict each
other. In such case, the court shall decide the matter taking into consideration all the
circumstances. But in case of conflict between a title evidencing ownership to a wall
and an exterior sign, the former must prevail, for the latter merely gives rise to an
inference of ownership.

Article 661
Ditches or drains opened between two estates are also presumed as common to both, if
there is no title or sign showing the contrary.
There is a sign contrary to the part- ownership whenever the earth or dirt removed to
open the ditch or to clean it is only on one side thereof, in which case, the ownership of the ditch
shall belong exclusively to the owner of the land having this exterior sign in its favour.
Ditches or drains between two estates
The deposit of earth or debris on one side alone is an exterior sign that the owner of that
side is the owner of the ditch or drain. The presumption is an addition to those enumerated in
Article 660 and is likewise rebuttable.

Article 662
The cost of repairs and constructions of party walls and the maintenance of fences, live
hedges, ditches, and drains owned in common, shall be borne by all the owners of the lands or
tenements having the party wall in their favour, in proportion to the right of each.
Nevertheless, any owner may exempt himself from contributing to this charge by
renouncing his part- ownership, except when the party wall supports a building belonging to him.

Contribution to cost of repairs and construction of party walls

(1) In proportion to respective interests part- owners- As in co- ownership, the part- owners
of the party wall shall contribute to the cost in proportion to their respective interests.
This presupposes that the need for the expenses is due to fortuitous event or any cause not
attributable to the fault of any one of the part- owners, in which case, he alone shall bear
the same.
(2) Renunciation of rights to party wall- Any owner may free himself from contributing to
the charge by renouncing his rights from contributing to the charge by renouncing his
rights in the party wall unless it actually supports his building.
Article 663
If the owner of a building supported by a party wall desires to demolish the building, he
may also renounce his part- ownership of the wall but the cost of all repairs and work necessary
to prevent any damage which the demolition may cause to the party wall on this occasion only,
shall be borne by him.

Demolition of building supported by party wall

An owner may also renounce his part ownership of a party wall if he desires to demolish
his building supported by the wall. He shall bear all the expenses of repairs and work necessary
to prevent any damage which the demolition may cause to the party wall.
The phrase on this occasion only means that his liability for damages is limited to those
damages suffered simultaneously, during, or immediately after, and by reason of the demolition.

Article 664
Every owner may increase the height of the party wall, doing so at his own expense and
paying for any damage which may be caused by the work, even though such damage may be
temporary.

The expenses of maintaining the wall in the part newly raised or deepened at its
foundation shall also be paid for by him; and, in addition, the indemnity for the increased
expenses which may be necessary for the preservation of the party wall by reason of the greater
height or depth which has been given it.
If the party wall cannot bear the increased height, the owner desiring to raise it shall be
obliged to reconstruct it at his own expense; and, if for this purpose it be necessary to make it
thicker, he shall give the space from his own land.

Article 665
The other owners who have not contributed in giving increased height, depth, or
thickness to the wall may, nevertheless, acquire the right of part- ownership therein, by paying
proportionally the value of work at the time of the acquisition and of the land used for its
increased thickness.

Increasing height of party wall by an owner

(1) Conditions- An owner is given the right to increase the height of a party wall subject
to the following conditions:
(a) He must do so at his own expense
(b) He must pay for any damage which may be caused thereby even if the damage
is temporary;
(c) He must bear the cost of maintaining the portion added; and
(d) He must pay the increased cost of preservation of the wall.
He shall be obliged to reconstruct the wall at his expense if it is necessary so that the wall can
bear the increased height, and if additional thickness is required, he shall provide the space
therefor from his own land.
(2) Right of other owners- The other owners cannot object to the work as long as the
above conditions are complied with. The owner who makes the addition acquires
ownership therefor unless the other owners avail of their right under Article 665 by
paying proportionately the value of the work at the time of the acquisition (not
construction) and of the land used for the walls increased thickness.

Article 666
Every part- owner of a party wall may use it in proportion to the right he may have in the
co- ownership, without interfering with the common and respective uses by the other co- owners.

Proportional use of party wall

The part owners share in the expenses of maintaining a party wall in proportion to the
interest of each.
They have also a proportionate right to its use without interfering with the common and
respective uses by the other co- owners. Thus, if X owns 2/3 of the party wall and Y, 1/3, X may
use the wall up to 2/3 of its thickness, and Y, up to 1/3.