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Section I   Division Walls and Ditches, and Clearance

Revised Laws of Saint Lucia (2021)

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Section I   Division Walls and Ditches, and Clearance

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    460.   Both in town and country, walls serving for separation between buildings up to the required heights, or between yards and gardens, and also between enclosed fields, are presumed to be common, if there be no title, mark or other legal proof to the contrary.

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    461.   It is a mark that a wall is not common when its summit is straight and plumb with the facing on one side, and on the other side exhibits an inclined plane; and also when one side only has a coping, or mouldings, or corbels of stone, placed there in building the wall.

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    In such cases the wall is deemed to belong exclusively to the proprietor on whose side are the eaves or the corbels and mouldings.

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    462.   The repairing and rebuilding of a common wall are chargeable to all those who have any right in it, in proportion to the right of each.

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    463.   Nevertheless every co-proprietor of a common wall may avoid contributing to its repair and rebuilding by abandoning his or her share in the wall and renouncing his or her right of making use of it.

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    464.   Every co-proprietor may build against a common wall and place therein joists or beams, to within 4 inches of the whole thickness of the wall, without prejudice to the right which the neighbour has to force him or her to reduce the beam to the half thickness of the wall, in case he or she should himself or herself desire to put beams in the same place, or to build a chimney against it.

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    465.   Every co-proprietor may raise the common wall at will, but at his or her own cost, upon paying an indemnity for the additional weight imposed, and bearing for the future the expense of keeping it in repair above the height which is common.

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    The indemnity thus payable is the sixth of the value of the superstructure.

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    On these conditions such superstructure becomes the exclusive property of him or her who built it; but it remains, as to the right of view, subject to the rules applicable to common walls.

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    466.   If the common wall be not in a condition to support the superstructure, he or she who wishes to raise it must have it rebuilt at his or her own cost, and the excess of thickness must be taken on his or her own side.

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    467.   The neighbour who has not contributed to the superstructure may acquire the joint-ownership of it, by paying half of the cost thereof, and the value of one-half of the ground used for the excess of thickness, if there be any.

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    468.   Every owner of property adjoining a wall, has the privilege of making it common in whole or in part, by paying to the proprietor of the wall half the value of the part he or she wishes to render common, and half the value of the ground on which such wall is built.

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    469.   One neighbour cannot make any recess in the body of a common wall, nor can he or she apply or rest any work there, without the consent of the other, or on his or her refusal, without having caused to be settled by experts the necessary means to prevent the new work from being injurious to the rights of the other.

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    470.   Every person may oblige his neighbour, in towns and villages, to contribute to the building and repair of the fence separating their houses, yards and gardens situated in the said towns and villages to a height of 8 feet from the ground or the level of the street.

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    471.   When the different stories of a house belong to different proprietors, if their titles do not regulate the mode of repairing and rebuilding, it must be done as follows:

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    All the proprietors contribute to the main walls and the roof, each in proportion to the value of the story which belongs to him or her;

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    The proprietor of each story makes the floor under him or her;

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    The proprietor of the first story makes the stairs which lead to it; the proprietor of the second story makes the stairs which lead from the first to his or her, and so on.

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    472.   When a common wall or a house is rebuilt, the active and passive servitudes continue with regard to the new wall or to the new house, provided they are not rendered more onerous, and provided the rebuilding be done before prescription is acquired.

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    473.   All ditches between neighbouring properties are presumed to be common if there be no title nor mark to the contrary.

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    474.   When the embankment or the earth thrown out of a ditch is only on one side of it, it raises a presumption that the ditch is not common.

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    475.   A ditch is presumed to belong exclusively to him or her on whose side the earth is thrown out.

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    476.   A common ditch must be kept at common expense.

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    477.   Every hedge which separates land is reputed to be common, unless only one of the lands is enclosed, or there is a sufficient title or possession to the contrary.

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    478.   No neighbour can plant trees or shrubs or allow any to grow nearer to the line of separation than the distance prescribed by special regulations, or by established and recognized usage; and in default of such regulations and usage, such distance must be determined according to the nature of the trees and their situation, so as not to injure the neighbour.

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    479.   Either neighbour may require that any trees and hedges which contravene the preceding article be uprooted.

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    He or she over whose property the branches of his or her neighbour's trees extend, although the trees are growing at the prescribed distance, may compel his or her neighbour to cut such branches.

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    If the roots extend upon his property, he or she has a right to cut them himself or herself.

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    480.   Trees growing in a common hedge are common as the hedge itself, and either of the neighbours has a right to have them felled.

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    481.   Every proprietor or occupier of land in a state of cultivation, contiguous to uncleared land, may compel the proprietor or occupier of the latter to fell all trees along the line of separation which are of a nature to injure the cultivated land. But an exception may be allowed by the court in favour of fruit trees or of ornamental trees in the neighbourhood of a residence.

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