Liability of neighbor for damage to wall?

Questioner

Our kitchen is built against the back of the neighbours' house. The gutter of this rear house lies on the wall of the rear house. This wall is in a deplorable condition anyway. This gutter is leaking, now to the point where the entire wall has become saturated with water. This is spreading to the wall of our kitchen and utility room. My question: is the neighbor liable for the damage that has occurred? (It is her wall and gutter, but our wall). Of course we are in consultation, she has taken some action in the meantime to have the cause remedied. But she is legally trained and takes the position that there is no basis for liability based on deferred maintenance.

Lawyer

There does seem to me to be a basis for liability. Due to the poor condition of the wall and the moisture problems that arise there, you can hold your neighbor liable for your damage. The basis for this liability can be unlawful conduct if she has deliberately neglected the maintenance, but the basis can also be strict liability because she, as the owner of that house, is liable for damage that her property causes to another.