Liability for water damage: What now?


Questioner

I live in a terraced house that is offset from the neighbours' house. Now the neighbours are complaining about leakage at the spot where their roof is attached to my house. According to the contractor, poor pointing in the blind wall of my house is the cause. Due to the poor pointing, rainwater runs down between the bricks and the concrete. This rainwater enters the neighbours' house where their roof is attached to our house. They had had leakage before but did not know where it came from. The contractor states that the pointing needs to be renewed (of my blind wall), the roof boarding and battens (of the neighbours) and the lead of the neighbours (which is partly bricked into my wall). I do not have any problems with leakage. 1. Am I liable because my neighbours should not be bothered by poor pointing in my wall? 2. Am I liable for the water damage they suffered in their home (assuming it was caused by poor grout)? 3. Am I liable for the repair of the roof boarding/battens and replacement of lead at the neighbours? 4. I am not bothered by anything. Is it fair to say that the neighbours should have rung my alarm earlier, which could have prevented the damage to the roof boarding, battens and lead? After all, the pointing has apparently been bad for years, because you can't get that much damage from 1 shower.

Lawyer

The answer to questions 1 and 2 may be yes, depending on the other circumstances. If your home does not meet the requirements that may be set for it, for example, incorrect pointing that causes damage, then you may be liable for this. The damage can consist of repair costs and consequential damage. Regarding question 4, only if the neighbors wait 5 years with a claim after they are aware of the defect and the damage, then they are too late. That period only starts after discovery. You may have a personal liability insurance that covers this damage, so I would report it to the intermediary.

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