Section 24 Creation and Termination

• Library: Real Estate Fundamentals 2011

Contracts, statutes, or prescriptive easements arising from uses consistent with adverse possession may create party walls. Mandelbaum v. City of Kansas City, 988 S.W.2d 133, 137 (Mo. App. W.D. 1999); see also 69 C.J.S. Party Walls §§ 5–10 (2011). Party wall agreements should create party walls, and the nature and rights relating to them should depend on the terms of that agreement. Once an agreement creates a party wall and the agreement creates an easement or cross-easement, all the normal rights and responsibilities relating to easements control.

As in the case of general easements, severance of one estate into...