New York's Party Wall Laws

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2. Defining Party Wall Ownership Rights
A party wall is generally described as a wall
erected between two adjoining pieces of property
and used for the common advantage of both
owners. Ordinarily, the main purpose of the wall
is for support of the buildings, and in the absence
of an agreement to the contrary, windows are not
proper in a party wall.
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3. Where a party wall is situated on two touching
lots, each of the owners “owns in severalty so
much of the wall as stands upon his lot, each
having an easement in the other strip for purposes
of the support of his own building.”
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4. Party Wall Rules
• Replacing a Party Wall
▫ If a party wall has become so dilapidated as to be
unsafe, the owner of one building has a right to
replace it, and in doing so is not liable for
damages.
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5. • Party Wall Boundaries
▫ Party wall boundary lines do not need to fall
directly in the center of two lots. There are no
direct lines of ownership. Both parties own the
party wall together.
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6. • Adding Windows to Party Walls
▫ The placing of windows in a party wall where the
agreement for the maintenance of the wall does
not provide for such opening is a violation of that
agreement.
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7. • Increasing Height and Extending Party Walls
▫ Either owner may heighten the party wall,
provided the existing party wall is not damaged by
it, and the addition is available for use by both
owners. A party making an addition to a party
wall does it at his or her peril; and if injury results
he or she is liable for damages.
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8. • Hanging Signs on Party Walls
▫ A party wall is for the common benefit of
adjoining landowners. Each party may use the
wall properly so long as the other party is not
harmed by the use. Commercial use of a party wall
that is on the owner’s property is permissible so
long as it does not weaken or encroach on the
other half.
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9. Statute of Limitations for
Party Wall Cases
• CPLR 214(4) – 3-year statute of limitation
▫ The statute of limitations for injury to property based on negligence is
three years. As a general rule, a tort cause of action "cannot accrue
until an injury is sustained." (Kronos, Inc. v AVX Corp., 81 NY2d 90, 94,
612 N.E.2d 289, 595 N.Y.S.2d 931 [1993].)
▫ In cases involving damage from construction by an adjoining property
owner, the Appellate Division of this Department has held that the injury
was sustained, and the cause of action accrued, when the injury became
visible or apparent after the construction. (See Mark v Eshkar, 194 AD2d
356, 357, 598 N.Y.S.2d 255 [1st Dep’t 1993] [cause of action for damage
to party wall accrued not at time of adjoining property owner's
construction which resulted in "relatively minor damage to the wall," but
years later when larger structural cracks became manifest]; Russell v
Dunbar, 40 AD3d 952, 953, 838 N.Y.S.2d 97 [2d Dep’t 2007] [damage
was "apparent," and cause of action accrued, when plaintiff noticed
damage to apartment ceiling from water inside wall].
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10. Statute of Limitations for
Party Wall Cases
• RPAPL 611-
▫ This statute imposes a one
year statute of limitations for actions to remove a
wall that encroaches six inches upon an adjoining
property, and
▫ A two year statute of limitations for damage
actions based on encroachments not exceeding six
inches. (See Sova v Glasier, 192 AD2d 1069, 596
N.Y.S.2d 228 [4th Dep’t 1993].) RPAPL 611 is
inapplicable as the complaint alleges an
encroachment of greater than six inches.
 See Vitale v S&P 26 Dev. Assoc. LLC, 2009 N.Y. Misc. LEXIS
6017.
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19. THE END
© Adam Leitman Bailey, P.C. 2015