Force upstairs neighbor to apply lead flashing to exterior wall?

Questioner

Property consists of ground floor and 2 floors. Ground floor is a shell studio with an extension (2023) with flat roof of owner A. The first and 2nd floor are studios that are rented out by owner B. A right of superficies has been established. Owner B forbids owner A to install a water barrier in the rising cavity wall above the flat roof of the extension. As a result, owner A suffers from seepage water and therefore water nuisance. Owner A is prepared to have a solid lead flashing installed in the rising outer cavity wall above the flat roof by a professional roofer at his own expense. Owner B refuses. What (legal) options does owner A have to force owner B to carry out the work in question?

Lawyer

Before I answer your question directly, I would like to clarify. It depends very much on the exact situation and context what the best approach might be. In general, there are often a number of options that owner A might consider: 1. Conversation: Sometimes the easiest way to resolve an issue is to have a conversation with Owner B. Make sure you communicate your concerns clearly and discuss options for reaching a resolution. 2. Letter: If a conversation doesn't work, a formal written letter can be helpful. In this letter you should clearly explain the situation and your grievances, and possibly also mention the consequences of not taking action. 3. Engaging a mediator: In a conflict situation it can sometimes be useful to engage a mediator. This is an independent third party who mediates between the two parties and helps to reach an agreement. 4. Legal Action: If none of the above steps are successful, then you may want to consider taking legal action. This could range from filing a complaint with a dispute resolution body to taking legal action. Before taking this step, it is advisable to seek the advice of a legal advisor or solicitor. Unfortunately, without more details I cannot give specific advice on this matter.

Questioner

The situation is clearly described to me. The next steps are also logical. What matters is to get a picture of my legal position. This kind of situation will probably occur more often. I cannot escape the idea that legal proceedings have been instituted on this before. I would still like to receive a response that can describe my legal position a little better.