How is mediating tested?
The general principle is that any wall or wall that serves as a separation of two buildings, presumably mediating, in all its height to the end of the building less elevated. The part that passes the end of this last construction, is said to belong exclusively to the owner of the tallest building Jason Edworthy West Midlands, except the proof to the contrary, by public, private instruments, or by material signs that demonstrate the commonality of the entire wall, or that that does not exist nor in the lowest part of the building
What does the law call “material signs”?
To those that can be appraised by means of an expert examination or ocular inspection of the wall or wall that is presumed to mediate. To determine which of the two owners was the one who built it, the age of the wall and the buildings it separates, the construction materials used, etc., can be taken into account.
Is it always assumed that the walls or walls are shared?
No. Only when they divide buildings, and not courtyards, gardens, fifths, etc., although these are closed on all sides
What character should public or private instruments have to be invoked as evidence contrary to the party?
They must be common acts to the two parties or their authors
Who is obliged to pay for the party?
Without prejudice to the return actions that may correspond, the party liable for the payment of the joint ownership is the current owner of the property.
What is the commutable value of the joint ownership?
The commutable value of the partnership will be that of the date of the demand or constitution in default
How is the price of party ownership calculated?
The current construction value is taken into consideration as a basis, deducting the percentage of devaluation caused by the age of the wall, its state of conservation, etc. The depreciation calculation formula of “Ross-Heideck” is usually valued for the indicated purposes
What are the rights and obligations that arise from the law for joint owners?
- a) Each condominium owner must contribute, in the proportion of his rights, to the costs of conservation, repair or reconstruction of the dividing wall or wall
They must use the wall or wall reasonably, being able to settle constructions in it, that do not endanger or harm the party construction.
Each condominium owner can free himself from contributing to the conservation costs of the dividing wall by renouncing the joint ownership, provided that the wall is not part of a building that belongs to him, or that the repair or reconstruction has not been necessary due to his deed.
Each one of the condominium owners can raise the dividing wall at their expense, without compensating the neighbor for the greater weight that he / she bears on it.
They can close existing windows or openings for lighting, as long as they build on the dividing wall.
What is the limitation period for the action for collection of meridian?
This requirement is governed by the general principles that establish a term of 10 years.