Legal Advice for Neighbourhood Conflicts | Legal Aid Centre

Questioner

We bought a house in April of this year and the building inspection showed that the chimney was in very poor condition. We visited the neighbour in July to inform her about this and indicated that since it was a shared chimney, the costs should be shared 50-50. We then started requesting quotes, the last of which we received 2 weeks ago. When handing over the offer to the neighbour, she suddenly indicated that she was going to put the house up for sale and did not want to spend any more money. We then explained to her what the consequences could be if something were to happen to the chimney. Despite all the arguments presented, she told us this afternoon that she did not want to have the chimney repaired. Due to the upcoming fall, there is a big chance that damage can occur due to loose bricks in the chimney. Insurance will not cover this damage as it is overdue maintenance. Can we oblige the neighbor to pay and if so, how? Or can we cover ourselves that if damage occurs, the neighbor is 100% liable? I look forward to hearing from you. Ps. I could not find a sample letter regarding this problem in the documents

Lawyer

There is a joint property. You may not be denied access to the joint property (Article 5:64BW) in the event of necessary maintenance, and joint properties must be maintained, cleaned and, if necessary, renewed at the expense of all co-owners. (Article 5:65 BW). These articles oblige your neighbor to cooperate and share in the costs. It is better to summon the lady in a letter to cooperate promptly; if the date passes, you agree to recover the costs that concern her as the owner.

Questioner

Thank you for the quick response. Is it true that 14 days is considered a reasonable period to respond? And do you perhaps know a link where I can find a sample letter? If the neighbor does not respond, is it legally cheaper/more convenient to: A. to carry out the renovation and take further steps to recover the costs B. or to hold her liable in advance for any damage that may arise because she refuses to cooperate and the renovation is therefore not carried out. And then wait and see if, if the house is sold, the new owners will cooperate?

Lawyer

14 days is a reasonable response period. It is better to write a letter yourself or have it checked by a lawyer. The idea that legal services are expensive is a bit outdated. You should inform the neighbor in advance in that same letter of the estimated costs and that you will recover her owner's share. If you need some assistance, you can also contact me.

Lawyer

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Questioner

Thank you for your response. We have now received a letter from the neighbour stating that she agrees to the repair work. At this point, it looks like the situation will be resolved. If this changes, we will contact you.

Lawyer

Thank you for your quick response.