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Party Wall Agreement

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PARTY WALL AGREEMENT

Recording Requested By:

And, when recorded, mail this deed and tax statements to:

Name:

City & State:

Zip Code:

Telephone:

THE STATE OF CALIFORNIA

COUNTY OF

WHEREAS, Owner of

(Street Address)

, referred to herein as

(City, State, Zip Code)

Owner A, is the owner of real property on which a garage is located, said real property being described herein as Exhibit A, and made a part of this Agreement by reference thereto; and

WHEREAS, Owner of

(Street Address)

, referred to herein as

(City, State, Zip Code)

Owner B, is the owner of real property on which a garage is located, said real property being described herein as Exhibit B, and made a part of this Agreement by reference thereto; and

WHEREAS, both of the above described units constitute one building structure separated by a Party Wall as defined herein; and

WHEREAS, in order to maintain a high quality garage while insuring a consistent, harmonious character to such properties and the preservation of their suitability to each Owner of his unit, it is deemed desirable to place certain restraints on the hereinabove described properties.

NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the above referenced Parties do hereby adopt and prescribe the following covenants and restrictions which should be and are hereby impressed upon and henceforth will run with the land, to wit:

1. Party Wall shall mean and refer to the dividing wall between each adjoining garage unit. Any matters concerning a Party Wall which are not covered by the terms of this Agreement shall be governed by the general rules of law regarding party walls.

2. The cost of maintaining each Party Wall shall be borne equally by the Owners of the lots on either side of said Party Wall.

3. In the event of damage or destruction to any Party Wall, shared monolithic slab, or shared roof if the roofline is joined ("Common Structure" herein) from any cause, other than the negligence of either party hereto, the Owners of the lots on either side of said Common Structure shall repair or rebuild said Common Structure. The cost of such repair or rebuilding shall be borne equally by the Owners whose lots adjoin said Common Structure. Each such Owner shall have the right to the full use of said Common Structure so repaired or rebuilt. If either Owner's negligence shall cause damage to or destruction of said Common Structure, such negligent party shall bear the entire cost of repair or reconstruction. If either party shall neglect or refuse to pay his share, or all of such costs in case of negligence, the other party may have such Common Structure repaired or restored and shall be entitled to have a mechanic's lien on the lot and garage of the party so failing to pay, for the amount of such defaulting party's share of the repair or replacement costs together with interest at the maximum rate allowable. The party having such Common Structure repaired shall, in addition to the mechanic's lien, be entitled to recover attorney's fees and shall be entitled to all other remedies provided herein or by law. The mechanic's lien granted herein is effective only if filed in the Real Property Records of the County where the Property is located, by affidavit declaring under oath the claim of the mechanic's lien.

4. Neither Owner shall alter or change a Common Structure in any manner, non-structural interior decoration excepted, and such Common Structures shall remain in the same location as when originally erected. Each adjoining Owner to said Common Structure shall have a perpetual easement in that part of the premises of the other on which said Common Structure is located, for the purposes of such Common Structure and any other additional area necessary to repair, replace, and maintain same.

5. Each Owner shall keep all exterior walls of his dwelling unit in good condition and repair at his sole cost and expense. No Owner shall do or permit to be done any act or thing that would tend to depreciate the value of the building (i.e. variance in design, colors, roofing etc.)

6. Each Owner shall maintain the roof over his dwelling unit in good condition and in such manner so as not to damage other portion of the building. Each Owner shall share equally in the costs to repair or maintain the roof over the Party Wall or Party Fence due to normal wear or physical damage. If a roofline is joined and both roofs must be replaced, replacement will be coordinated between the Owners.

7. An owner who, by his negligence, disinterest or willful act causes a Party Wall or roof to be exposed to the elements, shall bear the whole cost of furnishing the necessary protection against such elements and shall pay all damages resulting from such exposure. The cost of normal and timely weatherproofing and maintenance of the roof shall be in accordance with Paragraph 6.

8. If any monolithic slab repairs are required, the entire monolithic foundation must be involved in the repair process. Owners of both properties must cooperate regarding repairs to the slab. Each party shall share equally in any necessary repair.

9. In the event it shall be necessary for any owner to place this Agreement in the hands of an attorney for the enforcement of any of such owner's rights hereunder or for the recovery of any monies due to such owner hereunder, and if it is necessary to bring suit for the enforcement of such rights or such recovery, the prevailing party in such suit shall recover from the losing party all costs of court and reasonable attorney's fees, as determined by the court, in addition to any other relief or recovery awarded by the Court.

10. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these covenants are recorded.

11. Enforcement of these covenants shall be by proceeding at law or in equity against any person or persons violating or attempting to violate the same seeking either to restrain violation or to recover damages or both.

12. Invalidation of any one of these covenants by judgment or court order shall in no wise effect any of the other provisions which remain in full force and effect.

WITNESS our signatures as of the day of , 20 .

(Signature of Owner A)

(Print or Type Name)

(Signature of Owner B)

(Print or Type Name)

A notary public or other officer completing the certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CA. Civil Code § 1189.

State of California, County of ss.

On before me, , personally appeared

who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

(Seal)

State of California, County of ss.

On before me, , personally appeared

who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

(Seal)

EXHIBIT A

EXHIBIT B

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What a Party Wall Agreement Is and When It Applies

A Party Wall Agreement is a written contract between adjoining property owners that defines rights and responsibilities for a shared wall, common structure, or boundary work. It records permitted access, construction methods, timetables, liability for damage, and cost allocation for maintenance or repair. In U.S. practice the agreement can be a stand-alone contract, an easement or covenant recorded at the county recorder, and may trigger local building-permit and inspection requirements. Clear, signed terms reduce dispute risk and provide documentary evidence for insurers, lenders, and permitting authorities.

Why a Party Wall Agreement Matters for Property Owners

A Party Wall Agreement clarifies who may build, access, or repair a shared wall, sets repair and indemnity obligations, and documents payment responsibilities. It reduces the chance of costly home-owner disputes and provides a record for permitting, insurance claims, and title searches.

Why a Party Wall Agreement Matters for Property Owners

Typical Parties and Professionals Involved

Common users include adjoining homeowners, property managers, developers, contractors, and title professionals who need documented rights and obligations around shared structures.

  • Homeowners negotiating alterations or construction on adjacent properties, requiring access, protection, and cost-sharing terms.
  • Contractors and builders working on a structure that adjoins another property and needing legal permission for access and methods.
  • Title companies, lenders, and insurers reviewing recorded encumbrances and ensuring obligations are clear for transactions or claims.

The agreement is also useful to municipalities and building departments as proof of consent and a basis for permits and inspections.

Core Elements Found in a Professional Party Wall Agreement

A thorough agreement addresses scope of work, access rights, structural protections, cost allocation, schedule, dispute resolution, insurance, and recording instructions. Each element helps avoid ambiguity and supports enforcement if disagreements arise.

Parties

Full legal names and addresses for all property owners and any managing agent, clarifying who grants rights and who receives access.

Property Description

Metes-and-bounds or recorded parcel identifiers, street address, and any lot or condominium unit numbers used to identify the affected properties.

Scope of Work

Detailed description of the permitted work on or adjacent to the party wall, including materials, methods, protective measures, and approved contractors.

Access and Timing

When and how workers may access the adjoining property, required notice periods, daily working hours, and start/finish dates for the work.

Indemnity and Insurance

Insurance minimums, who carries coverage, indemnity language for damage, and procedures for repairs if the wall or adjacent structure is harmed.

Recording and Enforcement

Whether the agreement will be recorded as an easement or covenant, applicable county recording instructions, and remedies for breach or noncompliance.

Step-by-Step: How to Complete a Party Wall Agreement

Follow these sequential steps when preparing the agreement to reduce errors and ensure legal clarity.

  • 01
    Gather documents: Collect deeds, parcel numbers, and survey plans.
  • 02
    Define the work: Draft a clear scope with drawings when possible.
  • 03
    Specify protections: Include propped supports, dust control, and indemnity.
  • 04
    Sign and record: Sign, notarize if required, and record with county.

How to Customize and Configure an Online Agreement Workflow

Set up an online workflow to collect signatures, attach exhibits, and route the document to all parties and third parties for review.

Document Template Upload PDF or DOCX template with variable fields for names and dates.
Signer Order Specify sequential or parallel signing and add signer emails.
Authentication Choose email link, SMS code, or ID verification for critical signers.
Attachments Require survey, plans, insurance certificate, or permit copies.
Completion Delivery Auto-send final signed PDF and audit trail to all parties.

Where to File and How to Send Completed Agreements

A completed agreement is typically delivered to the parties, recorded with the county recorder if it creates an easement, and provided to any relevant permit or insurance contacts.

  • To Parties: Email signed copies and keep originals in records.
  • County Recorder: Record if creating a covenant or easement affecting title.
  • Building Department: Submit with permit applications when required.
  • Insurers and Lenders: Provide copies to insurers or mortgage lenders on request.

Digital Signing and eSubmission Requirements

Use an eSignature platform that supports audit trails, PDF output, and optional advanced signer authentication for higher-assurance workflows.

  • Document Formats: PDF and DOCX supported for upload and signed output.
  • Authentication Options: Email links, SMS codes, or identity verification available.
  • Audit Trail: Capture IP, timestamps, and action history.

Ensure the chosen provider supports notarization workflows if you plan to use remote online notarization or require a recorded notary acknowledgement.

Typical Timelines, Deadlines, and Processing Expectations

Timeframes for notices, responses, and construction vary by agreement and local rules; include explicit calendar deadlines to avoid disputes.

Notice Period:

Commonly 7–30 days prior to access or work commencement.

Response Window:

Adjoining owner often given 7–21 days to object or request conditions.

Permit Processing:

Local building permits may require 2–8 weeks depending on jurisdiction.

Construction Schedule:

Specify start, milestones, and estimated completion dates.

Damage Claims:

Require prompt written notice, typically within 30 days of discovery.

Key Milestones from Negotiation to Recordation

A milestone timeline helps parties track negotiation, approval, and enforcement stages to ensure permits and recording occur as intended.

01

Negotiation and Drafting

Parties define scope, protections, and cost allocation in writing.

02

Permitting and Approvals

Obtain building permits and any municipal consents before work.

03

Execution and Notarization

Signatures obtained and notary acknowledgement completed if recording.

04

Recording and Distribution

File with county recorder and distribute certified copies to parties.

Required Information and Key Data Elements

Parties: Full legal names
Property: Legal description
Scope: Detailed work description
Schedule: Start and end dates
Insurance: Coverage and limits
Signatures: Signed and dated

Common Mistakes to Avoid When Preparing a Party Wall Agreement

  • Using vague scope language that fails to define construction methods or acceptable materials, which leads to later disputes and litigation.
  • Failing to attach survey plans or accurate legal descriptions, causing uncertainty about exactly which wall or boundary is covered.
  • Omitting insurance or indemnity provisions, exposing owners to uncovered claims or costly repairs following damage.
  • Not recording the agreement when it creates an easement, leaving future purchasers unaware and increasing title risk.

Consequences and Legal Risks of an Improper Agreement

Enforceability Risk: Poor drafting
Title Issues: Unrecorded interests
Liability Exposure: Insufficient insurance
Permit Violations: Work without permits
Delay Costs: Construction stoppage
Litigation: Court remedies and fees

Practical Examples of How Parties Use a Party Wall Agreement

These concise examples show common real-world scenarios where a written agreement prevents disputes and documents responsibilities.

Residential Addition

A homeowner plans a second-story addition adjacent to a neighbor's wall

  • Neighbor grants daytime access with 48-hour notice
  • The agreement lists protection measures, insurer requirements, and a recorded covenant to ensure future owners honor access.

Commercial Retrofit

Two businesses share a common wall and need fireproofing upgrades

  • Both agree to cost sharing and contractor staging
  • Signed, notarized, and recorded agreement enables permit approval and clarifies long-term maintenance responsibilities.

Practical Tips for Accurate, Efficient Completion

Apply these best practices to reduce friction, speed approvals, and strengthen enforceability.

Use precise drawings and surveys
Attach labeled plans or a scaled survey to show exactly which wall sections, foundations, and rooflines are affected; visual exhibits reduce interpretation disputes and facilitate permit review.
Define remedies for damage
Specify repair procedures, acceptable contractors, timelines, and payment mechanisms for damage claims so parties understand obligations and avoid ad hoc litigation.
Include insurance and indemnity
Require minimum liability insurance, name adjoining owner as additional insured if applicable, and state indemnity limits to protect both parties during construction.
Record when appropriate
If the agreement creates a lasting property interest, notarize and record it at the county recorder to notify title companies and future owners and prevent later disputes.

eSignature Vendor Comparison for Executing a Party Wall Agreement

Compare starting price, trial availability, bulk send capability, audit trail, and HIPAA availability among common eSignature vendors; signNow is listed first per vendor column ordering.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

FAQs and Troubleshooting for Party Wall Agreements

Answers to frequent questions about enforceability, notarization, recording, and digital signing of party wall agreements.


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