New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 181B

181B Construction of expression "party wall" in assurances of land

(1) Where in an assurance of land made by a person entitled to assure or create easements in respect of a wall built or to be built on the common boundary of that land and adjoining land so that the boundary passes longitudinally through the wall, the wall is described as a
"party wall" , that expression means (unless a contrary intention appears) a wall severed vertically and longitudinally with separate ownership of the severed portions, and with cross-easements entitling each of the persons entitled to a portion to have the whole wall continued in such manner that each building supported thereby shall have the support of the whole wall, and the assurance shall operate to create such easements accordingly.

(2) This section applies only to--

(a) assurances executed or made after the commencement of the Conveyancing (Amendment) Act 1930 and before the commencement of section 88BB, and

(b) assurances executed or made after the commencement of section 88BB but that assure land in a deposited plan that--

(i) shows a boundary of that land and other land in the plan as a party wall, and

(ii) was registered or recorded under Division 3 of Part 23 before the commencement of section 88BB.

(3) This section extends to dealings under the Real Property Act 1900 .