Section 26 Rights and Liabilities of Purchasers

• Library: Real Estate Fundamentals 2011

In a true party wall, the benefit of the easement is appurtenant. Thus, the purchaser of the servient estate with notice, actual or constructive, takes subject to the wall. Actual notice can exist when the only notice to the purchaser is of the use being made of the wall. It is generally accepted that both the benefit...