Party Wall Agreement Template

This Party Wall Agreement (“Agreement”) is entered into as of [Effective Date], by and between:

Owner 1: [Full Legal Name], of [Address]

and

Owner 2: [Full Legal Name], of [Address]

Together, the parties are referred to as the “Owners.”

1. Property Information

This Agreement relates to the following adjoining properties:

Property of Owner 1:
[Property Address]
[City, State, ZIP Code]

Property of Owner 2:
[Property Address]
[City, State, ZIP Code]

Legal descriptions, parcel numbers, or recorded references, if applicable:

[Insert details]

2. Description of Party Wall or Shared Structure

The wall, structure, or boundary feature covered by this Agreement is described as follows:

[Describe the wall, location, dimensions, materials, foundation, retaining feature, fence base, or other shared structure]

This wall or structure is referred to in this Agreement as the “Party Wall.”

3. Purpose of Agreement

The purpose of this Agreement is to define the rights and obligations of the Owners regarding the Party Wall, including its use, maintenance, repair, alteration, access, and any related cost-sharing or restoration obligations.

4. Shared Rights and Interests

The Owners acknowledge that the Party Wall serves, benefits, supports, borders, or affects both properties.

Unless otherwise stated here, each Owner may reasonably use and benefit from the Party Wall in a manner consistent with this Agreement and applicable law.

Any special ownership understanding or allocation is as follows:

[Describe ownership, easement, support rights, or other arrangement]

5. Permitted Work and Alterations

Neither Owner may materially alter, weaken, remove, damage, overload, or impair the Party Wall without complying with this Agreement.

An Owner proposing work affecting the Party Wall must:

• describe the proposed work in reasonable detail;

• provide advance written notice as stated below;

• obtain any required permits, approvals, or professional plans;

• perform the work in a good and workmanlike manner; and

• avoid unnecessary interference with the other property.

Examples of covered work may include:

• repair or replacement;

• reinforcement;

• underpinning;

• height increase or reduction;

• adjacent excavation;

• structural attachment; or

• other building work affecting the Party Wall.

6. Notice of Planned Work

Except in emergencies, an Owner planning work that may affect the Party Wall must give the other Owner at least [Number] days’ prior written notice.

The notice should include:

• a description of the proposed work;

• the expected start date and duration;

• the name of contractor or professional, if known;

• any expected access needs; and

• any expected impact on the neighboring property.

Emergency work may proceed without advance notice if immediate action is reasonably necessary to prevent damage, injury, or unsafe conditions, but notice must be given as soon as practicable.

7. Access Rights

To the extent reasonably necessary for permitted work, inspection, maintenance, or repair relating to the Party Wall, one Owner may request temporary access to the other Owner’s property.

Access shall be:

• limited to reasonable dates and hours, except in emergencies;

• performed with reasonable care;

• limited to the area reasonably necessary for the work; and

• subject to restoration of disturbed areas after the work is completed.

The Owner requesting access shall provide reasonable advance notice unless emergency circumstances exist.

8. Maintenance and Repair Responsibilities

The Owners agree to keep the Party Wall in reasonably safe and serviceable condition.

Routine maintenance and ordinary repair responsibilities shall be handled as follows:

[Describe equal sharing, use-based sharing, or other allocation]

If damage or deterioration affects the structural integrity, weather protection, support, or safe use of the Party Wall, the Owners shall cooperate in addressing the issue promptly.

9. Cost Sharing

Unless otherwise stated in this Agreement, the cost of necessary maintenance, repair, or replacement of the Party Wall shall be shared as follows:

☐ Equally
☐ In proportion to use or benefit
☐ In proportion to fault or responsibility
☐ Other formula: [Describe]

If the work is required because of one Owner’s negligence, unauthorized alteration, contractor damage, or misuse, that Owner shall be responsible for the related costs to the extent allowed by law.

Any estimate, invoice review, reimbursement timing, or advance deposit arrangement shall be as follows:

[Describe]

10. Damage and Restoration

An Owner performing work affecting the Party Wall shall be responsible for repairing or paying for damage to the other Owner’s property caused by that work, to the extent caused by that Owner or that Owner’s contractors, agents, or invitees.

After completing the work, the responsible Owner shall restore disturbed areas as nearly as reasonably possible to their prior condition, unless the Owners agree otherwise in writing.

11. Insurance and Contractors

Each Owner shall be responsible for maintaining any insurance required by law or reasonably appropriate for the work being performed.

Before major work begins, the Owner performing the work may be required to provide:

☐ Contractor information
☐ Proof of insurance
☐ Permit copies
☐ Engineering or architectural plans
☐ Other documents: [Describe]

12. No Waiver of Property Rights

Except as expressly stated in this Agreement, nothing in this Agreement transfers title to either property or creates rights beyond those reasonably necessary to carry out the purposes of this Agreement.

Any permanent easement, license, or special property right must be stated clearly here:

[Describe or write “None”]

13. Default and Dispute Resolution

If a dispute arises under this Agreement, the Owners shall first attempt in good faith to resolve it through direct discussion.

If the dispute is not resolved, the Owners agree to use:

☐ Mediation
☐ Arbitration
☐ Court proceedings
☐ Other process: [Describe]

If one Owner fails to comply with this Agreement after written notice and a reasonable opportunity to cure, the non-breaching Owner may pursue any remedies available under this Agreement or applicable law.

14. Notices

Any notice required under this Agreement must be in writing and delivered to the following addresses, or to updated contact information later provided in writing:

For Owner 1:
Name: [Name]
Address: [Address]
Email: [Email Address]

For Owner 2:
Name: [Name]
Address: [Address]
Email: [Email Address]

Notice shall be effective upon:

☐ Personal delivery
☐ Confirmed email delivery
☐ Certified mail
☐ Recognized courier
☐ Other: [Describe]

15. Governing Law

This Agreement shall be governed by the laws of [State/Country], except to the extent mandatory real property, building, or local code requirements apply.

16. Entire Agreement

This Agreement contains the complete understanding between the Owners regarding the Party Wall and supersedes prior oral or written discussions on that subject.

Any amendment to this Agreement must be in writing and signed by both Owners.

17. Signatures

Owner 1:

Signature: __________________________
Name: [Full Legal Name]
Date: [Date]

Owner 2:

Signature: __________________________
Name: [Full Legal Name]
Date: [Date]

18. Optional Notary Acknowledgment

State of [State]
County of [County]

On this [Day] day of [Month], [Year], before me, the undersigned notary public, personally appeared [Name of Signer], known to me or satisfactorily proven to be the person whose name is subscribed to this document, and acknowledged that they executed it for the purposes stated herein.

Notary Public Signature: __________________________
Printed Name: [Notary Name]
My Commission Expires: [Date]
Notary Seal: __________________________

19. Optional Attachment List

Attach supporting materials if needed:

☐ Survey or site plan
☐ Photos of existing condition
☐ Contractor proposal
☐ Engineering report
☐ Permit documents
☒ Other: [Describe]