The law on the party wall : is it up for amendment?

Abstract

Judgements themselves prove that the laws regulating the party wall are no longer adequate and there is the need for amendments. The party wall or the dividing wall is one of the top ranked disputes in relation to property law. The determining factor that contributes to this escalation are several amongst which we find the acquisition of ownership and compensation, which is identified to be the pillar of these disputes. Whereby the approach adopted by our Courts is the main cause as Maltese law is being replaced by Italian law. These two approaches are harrowing which way to render the wall common. To settle down this dispute there must be a single clarified approach. The reluctance to maintain and repair the wall also subsists to be one of the common disputes, where the role of the court is frivolous as prima facia the contributor to the damages caused is identified. This reluctance results the matter to be referred to the Courts where a considerable numbers of years has to pass for the matter to be decided. There must be a legal scheme which regulate such cases. Rights granted to each and every co-owner do attribute to disputes, although the law does its utmost to diminish and regulate them, the proposed way is to order each co-owner to build his own wall. The neglect of observing distances is another contributor, there must be a balance which encourages the owner to repute the distance and if damage subsists he will not be attributed full liability. The enforcement of the thickness of the wall can be a solution which can lessen disputes. In relation to disagreements regarding windows or any opening in the party wall, Court themselves must delineate from the exceptions and start applying solely the law.