Who is responsible for joint affairs?

Questioner

I have a leak in my house via my chimney that I share with the neighbors. I do not use the chimney. The neighbors have a wood stove connected to it that is stoked 3 to 4 x / week in colder periods. Because the chimney is shared, I have presented a quote to the neighbors that includes the work to fix the cause. Additional work that has nothing to do with the leak has also been included. The neighbors make the amount they want to contribute dependent on whether I want to contribute to the other work. I don't think that's right. The contractor rules out damage to the neighbors' solar panels. Am I now responsible for any damage the contractor causes to the neighbours' panels?

Lawyer

In the situation you describe, a number of different legal aspects arise. First of all, there is a joint property, in this case the chimney. This is jointly owned by you and your neighbors. According to the law, joint means that you must share all costs necessary for the maintenance and upkeep of the property. In principle, this only applies to necessary repairs, not to additional additions or optimizations. When it comes to the leakage caused by the chimney, it is important to determine whether this is due to normal wear and tear or age, or whether it is caused by the use of the neighbours. In the case of normal wear and tear or age, the costs for repair are shared. However, if the leakage is the result of the wood stove being used, the neighbours could be liable for the full amount of the repair. As for the possible damage to the neighbours' solar panels, which could be caused by work on the chimney, this could possibly fall under the responsibility of the contractor. However, it is important to make good agreements about the liability for any damage. You might consider, for example, including a clause in the contract stating that the contractor is liable for any damage caused by his actions. Finally, given the complexity of these types of cases, it is advisable to engage a specialized lawyer or attorney to represent your interests. They can also mediate between you and your neighbors to find a good solution. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.