9.40 Definition

• Library: Real Estate Practice Deskbook (2019 Ed.)

A. (§9.40) Definition

A "party wall" is commonly defined as a division wall between two tenements belonging to different persons with the wall being present for the mutual benefit of both parties—generally for support. See:

· Contemporary Mgmt., Inc. v. 1007 Olive P'ship, 760 S.W.2d 135, 137 (Mo. App. E.D. 1988):

The sharing of a common wall upon the boundary line dividing adjoining properties does not create any form of joint or common ownership by the adjoining land owners. Each retains title to the half of the wall upon his land and gains an easement for the support in the half on his neighbors' land.

· Glover v. Mersman, 4 Mo. App. 90 (E.D. 1877)

· Harber v. Evans, 14 S.W. 750 (Mo. 1890)

· 6 Eric Ziegenhorn Missouri Practice—Legal Forms § 5:1.B (3^rd ed. 2003) ("A party wall is a wall that rests longitudinally on the line...