The joint ownership

The partitions can be defined as a system of forced property rights covering the separation fence: walls, covers, locks. It's not an easement, but a property-rights enjoyed by two people in common. A common wall, it's a wall that belongs to each of the two neighbors together. They are not the owners of the wall to the heart line: this wall is common between them, they are co-owners. And speaking of condominium forced because this state ozf undivided property in principle is eternal.When two neighbouring owners decide to build a fence sit on the dividing line border on common costs, is the terrace. The creation of this fence, terraced from the beginning, is the result of an amicable settlement. One can also acquire friendly the partitions of a fence his country already carried out. The acquisition of the joint ownership is transfer of ownership and requires a survey, as well as a notarial deed, written by your notary. They indeed is so if you want to move the divisoire line properties because half of the band on which is based the wall now privately to each of the neighbors. The buyer will pay half the cost of the wall and half the value of the land on which it is built.The regime of joint ownership does not apply to the walls that belong to the public domain. Could only be private community or state-dependent wall adjacent.The hierarchy of modes of proof which stand the joint ownership is as followsGreedy recipe: support a building against the wall of his neighbor for thirty years, without complaint on his part, can claim the joint ownership of part of the wall.Title: it is the Act that indicates whether the fence private or terraces, but if this title not common to the two neighbors, it is only a presumption subject to the discretion of the judge.Brands of non-joint ownership of the wall (section 654 of the Civil Code): for example, when the top of the wall has a slope or when this wall has a net or Raven on the one hand, it shall be deemed to belong to one owner, one that the slippery slope moves or to the side of the Raven or the net.The presumptions of joint ownership of the wall (articles 653 and 666 of the Civil Code)Of the adjacent owners rights: each of the neighbors constructions against the wall and push bars, with the consent of the other owner of the wall, or in the absence of an expert can support. Each owner can also support plantations in Oracle DBA, provided they do not exceed the peak of the wall.Anyone can rent the face of the wall that located on the side of his country without reference to its neighbour and is without sharing the collected charge for advertising purposes. No openings (doors, windows) can be implemented in a common wall without the consent of the neighbour.A co-owner can increase the party wall. It supports then costs only because it increased the share feature. If the wall cannot bear of the scheluwte, who wants to increase it rebuild fully at their own expense.Now with regard to the obligations of the adjacent owners: the two neighbors in common should contribute to the cost of maintenance, repair or reconstruction of the separation barrier. However, this rule is excluded when productions are made necessary by the fact that one of the owners: so, that the Builder will perform well now submitted to the remaining party wall waterproofing, again without protection.