What Are Party Wall Rights in Argentina?

Question from ariel, What Are Party Wall Rights in Argentina?

Answer from AI:

In Argentina, party wall rights are governed by the Civil and Commercial Code, which outlines the rules and responsibilities for shared walls between properties. These walls, known as “medianeras,” are common in urban areas where buildings are constructed adjacent to one another.

Understanding Party Walls

A party wall is a wall that stands on the land of two or more owners and forms part of a building. It can be used by both property owners for the support of their respective buildings. The Civil and Commercial Code of Argentina provides specific regulations regarding the construction, maintenance, and use of these walls.

Key Provisions of the Civil and Commercial Code

The Civil and Commercial Code of Argentina includes several important provisions related to party walls:

• Article 2000: Defines a party wall and establishes that it is jointly owned by the property owners on either side of the wall.
• Article 2001: Specifies that the cost of constructing and maintaining a party wall is to be shared equally by the property owners.
• Article 2002: Allows property owners to use the party wall for their own purposes, provided they do not damage the wall or infringe on the rights of the other owner.
• Article 2003: Outlines the process for resolving disputes related to party walls, including the possibility of judicial intervention if necessary.

Rights and Responsibilities

Property owners have specific rights and responsibilities when it comes to party walls:

1. Construction and Maintenance: Both property owners are responsible for the construction and maintenance of the party wall. Costs are typically shared equally.
2. Use of the Wall: Each owner can use the party wall for their own purposes, such as attaching structures or making modifications, as long as it does not harm the wall or the other owner’s property.
3. Dispute Resolution: If a dispute arises regarding the party wall, the owners can seek mediation or judicial intervention to resolve the issue.

When to Seek Legal Advice

While the Civil and Commercial Code provides a framework for party wall rights, disputes can still arise. It is advisable to seek legal advice in the following situations:

• If there is a disagreement over the cost of construction or maintenance.
• If one owner wants to make significant modifications to the party wall.
• If there is damage to the party wall that affects both properties.
• If there is any other dispute that cannot be resolved amicably between the property owners.

Consulting with a legal professional can help ensure that your rights are protected and that any disputes are resolved in accordance with the law.

Additional Resources

For more detailed information, you can refer to the [Civil and Commercial Code of Argentina](https://www.argentina.gob.ar/nuevo-codigo-civil-y-comercial-de-la-nacion) and other legal resources available online. It is always recommended to consult with a legal professional for personalized advice tailored to your specific situation.