What are the legal regulations if my lead flashing is in the neighbour's gutter?


Questioner

I recently had a brick extension built, my neighbour has an aluminium/plastic conservatory so the walls are not touching. My contractor has installed a lead flashing which benefits both of us. How is the legal liability now arranged if there is a leak on her gutter?

Lawyer

There is no question of a shared wall otherwise its components would also be shared, but now there is a question of joint use, which can be established by agreement or easement or after 20 years by law by prescription. Limited rights holders and users must contribute to the costs of maintenance and repair.

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