C & E PARTNERSHIP v. Donnelly

The ultimate issue in this appeal is whether a certain three-story, mortared brick wall is a party wall. To resolve this issue, we must address two sub-issues: (1) whether the facts give rise to a presumption of a party wall, and (2) whether the trial court erred in ruling that the evidence failed to establish a party wall by prescription.

Edward G. Donnelly owns real property in the City of Alexandria located at 1121 King Street. The property is a lot with a width of approximately 21 feet and a depth of 100 feet. For approximately 50 years prior to 1971, the lot was improved by a building.…