US Legal Forms
Legal Resources
Questions & Answers
Real Property
Is the courtyard wall a common wall or their wall?

Is the courtyard wall a common wall or their wall?

Q: How can I determine ownership of a courtyard wall?

To determine ownership of a courtyard wall, review the condominium declaration or the governing documents. These documents should specify whether the wall is a common area or part of a specific unit's boundaries. If unclear, consulting with a legal professional may be beneficial.

Q: Are walls that separate units always common property?

Not necessarily. Walls that separate units can be common property or designated as part of a specific unit, depending on the language in the condominium declaration or plan. Always refer to these documents for clarity on ownership.

Q: What happens if there is a dispute over wall ownership?

If there is a dispute over wall ownership, it is advisable to first review the condominium's governing documents. If the issue remains unresolved, mediation or legal action may be necessary to clarify ownership rights and responsibilities.

Q: Can a homeowner modify a common wall?

Modifying a common wall typically requires approval from the homeowners' association (HOA) or other governing body. Since common walls are shared, any changes could affect other unit owners, so it's important to follow the proper procedures outlined in the condominium's governing documents.

Full question:

We are an end unit of 3 houses; the common wall of our bedrooms extends up and becomes the sole wall of their 2nd story and also continues down becoming one wall of our courtyard. Is that courtyard wall their wall or a common wall?

Category: Real Property
Subcategory: Neighbor Relations
Date: 04/07/2025
State: California

Answer:

In California, unless specified otherwise in the declaration or condominium plan, walls, floors, or ceilings that are designated as boundaries of a separate interest mean that the interior surfaces of the perimeter walls, floors, ceilings, windows, doors, and outlets within that separate interest belong to that interest. Any other parts of the walls, floors, or ceilings are considered common areas.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What defines a common wall in a condominium?

A common wall in a condominium is typically defined as any wall that serves multiple units and is not designated as belonging to a specific unit. Unless specified in the condominium declaration or plan, these walls are considered common areas, meaning they are owned collectively by all unit owners.