What is my responsibility regarding lead flashing?


Questioner

I live in a semi-detached bungalow. A vide is incorporated in it. My garage, the central heating room, the bathroom and bedroom, are adjacent to my neighbours' house. My question, there is a leak over a length of 11 metres. The wooden parts smell of rotting wood. Various inspections refer to lead plaster which has caused the leak. When rain and wind hit the neighbours' wall, it leaks at my house. The part that protrudes above my flat roof belongs to the neighbours. The lead plaster that is supposed to prevent leakage comes from above my roof from the neighbours' wall on my flat roof. Who is responsible for having to replace the lead, my neighbours or myself? I would like your opinion on this.

Lawyer

In most cases, the neighbor is responsible for the leak in your home if the water from their home is the cause. This can fall under the regulation of tort under Article 6:162 of the Civil Code. This means that if someone commits an act that leads to damage, that person can be held liable for the repair costs. However, this does depend a lot on the exact details of the situation. It may be that the neighbor was not aware of the leak and could not reasonably have been aware of it. In that case, it can be difficult to hold them liable, because the law assumes a certain degree of guilt or negligence. You should discuss the situation in more detail with a lawyer or attorney to find out what applies to your situation.

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