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Tuesday, November 24, 2009

Vail Law: The ins and outs of 'party wall' agreements



It's the party time of year, with eggnog, mistletoe, ham, turkey, cranberries, crèches smelling of fresh straw, and Hanukkah candles twinkling their ancient light. So I thought it a propitious moment to share a word or two about party walls and their kissin' cousin, party wall agreements.

OK, party walls really have nothing to do with the holidays or parties except, perhaps, in the most abstract sense. Because in the same way as good fences make good neighbors, good party walls make good duplex-mates.

If a party to a party wall agreement wants to be disagreeable and impose his foul moods upon his neighbor, then no matter how masterfully the party wall agreement may be drafted, no matter how unambiguous its terms, if you're the other guy, you may be in for trouble.

What, then, is a party wall and what is a party wall agreement?

A party wall is a wall erected on a prope


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