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Is a privacy wall between attached homes a "party wall"?

JDK

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Nov 20, 2017
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I am trying to find out if a privacy wall on a deck between two attached houses in Calgary constitutes a party wall, covered by the party wall agreement. We need to make repairs to the privacy wall but the neighbour will not allow access to her side or contribute to the costs. The party wall agreement would require this, if it applies. Does it make a difference that the decks were built as part of the original plan and the privacy wall is shown on the plans?
 

Thomas Beyer

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Attached houses usually have an implicit party wall but not necessarily an explicit one. As such you can’t force repairs onto your neighbor. Talk and resolve it mutually.


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Tom Kenny

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"...but the neighbour will not allow access to her side..."

Got to wonder about the mentality of people like this. They *really* thought they would never have to interact with neighbors when they bought a structure that physically attached them to their neighbors?
 

Thomas Beyer

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You can’t force repairs onto your neighbor. As such use reason or persuasion first. And again. And again.

Courts / legal system may help but the legal system in Canada is very archaic, slow and very very expensive. Another government operated system that is mainly self serving. Try to avoid it.


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