Who is responsible for the leakage of our roof as a suffering estate in an easement?

Questioner

I have a house in Amsterdam, with a flat roof and as a suffering estate. Here runs an easement from the neighbors, the dominant estate, by means of a roof terrace. Now there is serious and also dangerous leakage of the roof in the meter cupboard of my house. Who bears the costs of repair for this?

Lawyer

This situation can be complex and is highly dependent on what exactly is stated in the deed of easement. In general, the owner of the dominant property (in this case the neighbours with the roof terrace) has the duty to maintain the easement. However, the costs of this maintenance can be divided in different ways according to the law. This may be stated in the deed of easement. It is also important whether the leakage is the result of lack of maintenance, or whether there is wear and tear. In the first case, the responsibility would more often lie with the owner of the dominant property, in the second case this responsibility could lie with the owner of the servient property (in this case you). Because the situation can be complex and much depends on specific details, it may be wise to seek legal assistance. A lawyer or attorney specializing in inheritance law can assess the easement deed and the situation, and give advice on who is responsible for the costs of the leak. ----------- 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.

Questioner

Thanks for your answer, that takes me a long way. I have included the purchase contract, which states that all maintenance and any damage caused by the dominant estate must be compensated to the servient estate. I can send a copy of this. This week, a maintenance company will check whether the damage was indeed caused by the dominant estate (roof terrace). After this, I can go into more detail about the damage and the possible responsibilities of the dominant estate. Can I get in touch with a lawyer who specializes in inheritance law?