(1)  An owner of property who intends to build a party wall on the boundary of adjoining premises is to give written notice to the owner of the adjoining premises of –

(a) the intention to the build the party wall; and

(b) the details of the wall that is intended to be built, including proposed materials and dimensions.

(2)  If the owner of the adjoining premises consents to the building of the party wall –

(a) the wall is to be built in the position on the boundary of the adjoining premises as agreed in writing by both parties; and

(b) the costs incurred are payable as agreed in writing by both parties; and

(c) if the party wall is to be built on land registered under the Land Titles Act 1980 , an instrument creating an easement of support in respect of the wall is to be prepared, executed and registered as agreed by both parties.

(3)  An owner of property must not build a party wall on the boundary of adjoining premises if the owner of the adjoining premises –

(a) does not consent to the building of the wall; or

(b) does not agree with who is to be liable for the costs for building the wall; or

(c) if the party wall is to be built on land registered under the Land Titles Act 1980 , does not agree to the preparation, execution or registration of the instrument creating an easement of support in respect of the wall as required under subsection (2)(c) .

(4)  The owner of premises who builds a party wall in accordance with this section is the owner of the party wall until –

(a) if the owner of the adjoining premises is liable for any of the costs associated with building the wall, those costs are paid; and

(b) if the party wall is built on land registered under the Land Titles Act 1980 , either party applies to the Recorder of Titles under the Land Titles Act 1980 for a memorandum to be entered into the Register maintained under that Act to show the party wall on both certificates of title.