Liability of neighbours: what to do in case of damage?


Questioner

I live in a terraced house. Due to construction work commissioned by the neighbours to a construction company (insulating the walls), cracks have appeared in my wall (the adjacent one). Can I hold the neighbours/construction company liable for this and if so, on what grounds? I called the construction company (who carried out the work) and they deny having anything to do with these cracks and say that the cracks were already there and do not want to know anything about this. They say that they have done a neighbourhood investigation (I called in the morning and they indicated this in the afternoon. This probably did not happen or only with the neighbours of the work and they do not want to be held liable so they say that the cracks were already there). What can I do and who can I best hold liable?

Lawyer

You can hold the neighbours liable as the client of the construction company.

Questioner

On the basis of which article? (There is no legal aid). Do I then send a letter to the neighbors holding them liable?

Lawyer

art 6:162 BW for an example see standard document holding liable for unlawful act

Questioner

Okay, and then on the basis of infringement of a right (property right?) or just the OD in general?

Lawyer

Tort. You can also stick tape on the ends of the cracks and measure with a cm how big the crack is now, so you can keep an eye on whether the crack is still growing. You can invite your neighbors and the contractor concerned to be there. If there is no response, you can also ask your own insurance company if they can send an expert to your home.

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