Party walls and adverse possession: party wall divides lawyers and surveyors Available to Purchase

This paper concerns the 1999 Court of Appeal case of Prudential Assurance Co Ltd v. Waterloo Real Estate Inc., where it was held that a party wall can be adversely possessed by one of its owners. After an examination of the facts of the case, the paper analyses the legal requirements for a party wall to become adversely possessed; in particular the requirement that the land be possessed by the claimant and that the claimant has the requisite intention to possess the land. The practical consequences of the decision are also discussed, as well as preventative measures to avoid such situations arising.