Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where lands of
different owners adjoin and are unbuilt on at the line of junction, and either
owner is about to build on the line of junction or a part of it, the
provisions of this Division apply.
(2) If the building
owner desires to build a party wall on the line of junction, he may serve
notice of his desire on the adjoining owner, describing the intended wall.
(3) If the adjoining
owner consents to the building of a party wall, the building owner may build
the wall half on the land of each of the 2 owners, or in such other position
as is agreed between them.
(4) The building owner
shall defray the expense of building the party wall, and from time to time, as
and when the adjoining owner makes use of the wall, he shall pay to the
building owner such portion of that expense as is proportionate to the use
which he makes of the wall.
(5) If the adjoining
owner does not consent to the building partly on his land of a party wall, the
building owner shall not build a party wall, but may build an external wall
placed wholly on his own land.
(6) Where a party wall
is built in pursuance of the provisions of this Division, the owner of land
upon which it is built shall grant an easement of support in respect of the
wall over that land and appurtenant to the other land upon which the party
wall is built, and shall cause the easement to be registered upon the
certificate of title relating to his land, if the land is subject to the
provisions of the Transfer of Land Act 1893 , or shall cause the easement
to be registered in the Register of Deeds, if the land is not subject to the
provisions of that Act and the building owner shall bear the expenses of and
incidental to the preparation, stamping and registration of the necessary
documents.