While the term "party wall fence" might commonly suggest a typical wooden fence, in specific contexts, especially legal or property definitions, it refers to a distinct structure known as a 'party fence wall'. This definition explicitly excludes what most people consider a fence.
A 'party fence wall' is a specific type of boundary structure defined by its composition and placement:
- It is a wall that is not part of a building.
- It stands astride the boundary between land belonging to different owners.
- Its primary purpose is to separate the land of these different owners.
For example, a masonry garden wall that meets these criteria would be considered a 'party fence wall'.
Key Characteristics and Distinctions
It is crucial to understand that the definition of a 'party fence wall' is very precise and differentiates it from other common boundary markers.
| Feature | Description |
|---|---|
| Structure Type | Must be a wall, such as a masonry garden wall. |
| Location | Must stand astride the boundary line, meaning it is built directly on the shared property line between two different owners' land. |
| Purpose | Used specifically to separate the land of the adjacent properties. |
| Relationship to Buildings | It is not part of a building. This distinguishes it from internal party walls within a building, or external walls that form part of a building's structure. |
| Exclusions | Does NOT include wooden fences or hedges. This is a critical point: if you are referring to a typical wooden fence or a natural hedge, it does not fall under the definition of a 'party fence wall'. |
Why the Distinction Matters
Understanding the precise definition of a 'party fence wall' is important in property law and disputes regarding boundary structures. While shared wooden fences exist, they are treated differently under legal frameworks compared to 'party fence walls'. The term "party" implies shared ownership and responsibilities, which are typically governed by specific laws (e.g., Party Wall Act in some jurisdictions), but the fundamental definition hinges on the structure being a wall and not a fence or hedge.
