Party wall easement (regulated in provisions 571 to 579 of the Civil Code):
A party wall is the legal situation that exists when two properties are separated by acommon element, which belongs to the owners of these.
Easement is presumed unless there is title, outward sign or proof to the contrary. This easement is not compulsory and therefore it can only be established by the will of the adjoining owners.
Rights attached to it are therefore what parties agree unless the presumption worked, case when the following rights will exist by force of Law:
1. Repairing obligations are proportional to each adjoining owner´s party wall rights.
2. Each owner is entitled to raise the party wall at his own expense and to compensate the damages that this can cause, albeit temporary. This owner will have to assume the corresponding maintenance costs.
3. Each owner is entitled to use the party wall in proportion to the corresponding rights on it.