Bean v. Dow

A right of the plaintiff to use the defendant’s wall, and to insist that it remain in place so that she could use it, must rest in some agreement of the owners of the respective premises. Everett v. Edwards, 149 Mass. 588; 20 R. C. L. 1084. Such agreement is sought to be implied from the situation existing when the common owner conveyed the printing office to the defendant. The claim of the plaintiff is that because of that situation this structure became a party wall when the titles to the two buildings were severed.

One distinctive feature of a party wall is that the adjacent buildings are…