In the case of divided ownership of a building, the lower owner is under no obligation to keep the walls of the building in repair to furnish support for the upper owner[i] in the absence of a covenant or provision requiring the lower owner to keep his/her premises in repair.  The motives of the lower owner in neglecting his/her portion of the building are immaterial[ii].

The owner of the second story of a building, in the absence of a contract, has no equitable right to compel the owner of the first story to repair his foundation and walls for the purpose of furnishing support for the second story, where the defective condition was the result of the natural deterioration and not the fault of the owner[iii].

[i] Jackson v. Bruns, 129 Iowa 616 (Iowa 1906)

[ii] Paola Lodge No. 147, I. O. O. F. v. Bank of Knob Noster, 238 Mo. App. 96, 176 S.W.2d 511 (1943).

[iii] Jackson v. Bruns, 129 Iowa 616 (Iowa 1906)