Raising height of common wall

A reader wishes to raise a party wall that divides his building from that of his neighbour's. The wall was originally built by the neighbour, and the reader had in fact reimbursed him for having made use of this common wall. The reader has obtained all the necessary permits to increase the height of the wall but, before carrying out any works, he would like to know whether he needs his neighbour's approval, or whether the law lays down any other rules that he should observe.

At law, any co-owner of a wall that has been rendered common may raise the height of such common wall and in doing so shall be liable for (a) the expenses necessary for raising the height of the wall; (b) keeping in good repair the part raised above the height of the common wall, and (c) carrying out such works as may be necessary for the support of the additional weight resulting from the raising of the wall, so that the stability of the wall will not be impaired.

Once the reader has all the necessary permits in place, there is not much that his neighbour can do to stop him from carrying out the works to increase the height of the dividing wall. Our law does not prescribe any limitations on the height of the wall, but for good neighbourly relationships it would only be fair that the reader increases the height to a reasonable level to suit his needs without prejudicing his neighbour's rights.

The law however, does expect the reader to use a certain diligence when carrying out the works to raise the wall. In fact, the reader must take all the necessary measures, before carrying out the works, to ensure that the existing wall is able to support the additional height. He would be responsible for any structural damages that his neighbour may suffer as a result of the increase in height.

In this regard, the law provides that, where the common wall is not in a condition to sustain the additional height, the person wishing to raise its height must have it entirely reconstructed at his own expense, and the additional thickness must be taken on his own side. Moreover, the party who intends to raise the wall is also bound to make good to his neighbour any damage which the latter may suffer as a result of the raising of the wall or its reconstruction.

Now, although the reader's neighbour may not have contributed to the raising or reconstruction of the common wall, he may still acquire the co-ownership of the additional height of the wall by paying to the reader one-half the cost involved and one-half the value of the land used for the additional thickness, if any.

In this case, then any repairs or maintenance that would need to be carried out to the additional height of the common wall would be at the charge of both the reader and his neighbour in proportion to the right of each. Otherwise, the neighbour may relieve himself of the obligation of contributing to the expenses to repair the wall by waiving his right of co-ownership.

Finally, as a sign of good neighbourly relations, it would be only prudent for the reader to inform his neighbour before carrying out any works to the common wall.

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