WHAT IS “MEDIANERÍA”?
“Medianería” refers to the joint ownership that two neighbors share over a wall, fence, ditch, or hedge that divides their properties. In other words, the law presumes that both parties are co-owners of the structure, meaning they hold both rights and responsibilities.
For example:
- If a wall separates two homes, both owners are presumed to be co-owners.
- The same applies to a fence separating two yards or a living hedge dividing two agricultural plots.
However, there are exceptions. If the wall shows clear signs of being exclusive—such as being entirely within one property, supporting only one roof, or channeling rainwater exclusively to one side—it is considered to belong solely to that property owner.
SHARED USE OF WALLS AND FENCES
Sharing a structure means that each neighbor has certain usage rights and maintenance duties.
- Rights: A co-owner may use the wall to support beams up to half its thickness, or even build on top of it.
- Obligations: They cannot drill holes or make modifications that threaten the wall’s stability. If damage occurs during construction, the responsible party must cover the repair costs.
This legal framework ensures that neither owner compromises the other’s safety or property integrity.
INCREASING THE HEIGHT OF PARTY WALLS
If one neighbor wishes to increase the height of a shared wall, they may do so under specific conditions:
- They must cover all costs related to the construction and ongoing maintenance of the added section.
- If the original wall cannot structurally support the extension, the neighbor must reinforce or rebuild it at their own expense.
- Any increase in wall thickness must occur entirely within the extender’s property.
The other neighbor, even if not involved in the elevation, may later acquire co-ownership rights over the new section by paying a proportionate share.
Common example: A neighbor builds a second floor and raises the party wall. They finance the project, but the adjacent neighbor can later become co-owner of the new section if they choose to.
REPAIRS TO PARTY WALLS
The upkeep of party walls, ditches, fences, or hedges is a shared responsibility. Both parties must contribute proportionally based on their ownership rights.
However, there’s an option for one party to renounce co-ownership. This renunciation is only valid if the wall does not support any structure on their property.
Example: If a wall separates two patios and supports no building, a neighbor can renounce their share and be exempt from future maintenance costs. But if the wall supports their house, they cannot avoid this responsibility.
SPECIAL CASES IN PARTY WALLS
Certain specific cases are also covered under Bolivian law:
- Demolition: If a homeowner demolishes their building and the party wall was a structural support, they may renounce their share but must take preventive measures to avoid damage to the neighbor’s property.
- Ditches: These are presumed to be shared unless used exclusively by one neighbor (e.g., for irrigation) or waste is discharged on only one side. In such cases, the ditch is considered private property.
- Hedges and fences: Like walls, these are presumed shared unless they enclose only one property or evidence indicates otherwise.
FORCED INDIVISIBILITY OF PARTY WALLS
A key legal principle is that party walls, fences, hedges, or ditches between neighboring properties are subject to forced indivisibility. This means that such structures cannot be divided or removed by the unilateral decision of one property owner. The law upholds their presence due to their essential function in ensuring separation and safety between properties.
In conclusion, Bolivia’s legal framework on party walls aims to promote peaceful and fair coexistence between adjacent property owners. Through legal presumptions, it provides a balanced system of rights and obligations that facilitates the use and maintenance of shared structures without harming the interests of either party. Understanding these rules helps prevent misunderstandings and enables effective resolution of boundary disputes.
Need expert legal advice on property boundaries or party wall disputes in Bolivia? Our law firm offers specialized legal counsel to help you understand your rights and obligations. Contact us us today for professional assistance.
Frequently Asked Questions (FAQs)
Is a wall between two houses always considered shared?
Yes, unless there is clear evidence showing it belongs exclusively to one of the neighbors.
What happens if one neighbor wants to raise the wall and the other disagrees?
The neighbor wishing to raise the wall may proceed, but must cover all related costs.
Who pays for repairs to a party wall?
Both owners must contribute proportionally according to their co-ownership rights.
What does it mean that party walls are subject to forced indivisibility?
It means that party walls and fences dividing two properties cannot be dismantled or split at the will of just one party.
Can I use a shared ditch exclusively for irrigation?
Yes, but if you use it exclusively and continuously, the law may presume that the ditch belongs solely to you.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
