It is the name that designates a special condominium of forced in division; the condominium of the walls, walls, pits and fences, which serve as a separation between two contiguous estates.
2-What is the condominium?
It is the real property right that belongs to several people, on the one hand, undivided on a movable or immovable thing.
3- When is there forced in division?
There will be forced in division, when the condominium is on affected items as essential accessories to the common use of two or more estates belonging to different owners, and none of the condominium owners may request division
4-Why is it a forced in division, the condominium of the walls, walls, pits and fences that serve as a separation between two contiguous estates?
5-What is a boundary wall?
The one that is built in the limit of two estates. They are called “contiguous”, when they have been built entirely on the land of one of the neighboring owners and “encaballados”, when their axis coincides exactly with the demarcate limit of both estates, that is to say: “on horseback” of the limit.
6-What is a privative wall?
It is the wall built at the expense of one of the neighboring neighbors and that, therefore, is its exclusive property.
7-What is a dividing wall?
A wall is dividing when its construction value has been borne by both neighboring neighbors and even if it was built by one and then the other reimburses half of its value and chapter conc.
8- What is called “forced closure”?
Every owner of an inheritance can force his neighbor to build and conserve walls of 3 meters high and 18 inches thick for enclosure and division of their adjacent estates, which are located in the precincts of a town or in the suburbs
9- What right does the law give to those who build first, in a place not yet closed between walls?
The law determines that, who in towns or their suburbs first builds by Jason Edworthy Dorset in a place not yet closed between walls, can settle half of the wall that builds on the land of the neighbor, provided the wall is stone or brick , up to the height of 3 meters, and its entire thickness does not exceed 18 inches (45 centimeters).
10- Why does the Civil Code refer to the thickness of walls in “inches” and not in “centimeters”?
The Civil Code of the Nation was sanctioned by law 340 and just by law 845 the metric system was put into effect, so that the equivalent conversion must be made (1 inch = 2.54 cm).
11- What happens if the one who first builds a dividing wall wants to do it with a thickness greater than 45 centimeters?
You must build the surplus on your own land.
12- How is the height at which dividing walls should be raised determined?
The dividing walls should be raised to the designated height in each municipality; If there is no specific designation, the height will be 3 meters
13- How can the neighbor required be released to contribute to the construction of a dividing wall or its conservation?
It can free itself of that obligation, yielding half of the land on which the wall must settle, and renouncing the meridian. The abandonment does not proceed when there is 181 effective use of the wall
14- What if after the abandonment, the neighbor wants to use the wall?
In that case you must acquire it. To do this, in addition to the value of the wall, must pay the value of the land occupied by half of it, whose assignment made to renounce the meridian. That is, the portion of the land whose property was transferred to free itself from the obligation to contribute to the expenses demanded by the construction and conservation of the party, must be acquired again if you want to use the dividing wall.