Can I hold my neighbors liable for damage caused by leakage?

Questioner

Semi-detached house. Lean-to roof, slopes towards the rear. The neighbours have a roof extension at the front over the entire width of their house. The roof extension has a flat roof, which drains onto my roof with a short pipe. This gives a concentrated amount of water on the connection of my roof, where the lead strip is located that lies from the wall under the first vertical row of roof tiles. I have noticed a leak on this side, apparently due to the fact of the concentrated large amount of rainwater that the aforementioned pipe from the flat roof of the neighbours' roof extension drains. Are the neighbours allowed to drain their rainwater via my roof? And can I hold the neighbours liable for the damage caused by the leak?

Lawyer

Usually the right of drainage is regulated in the deed of sale where it is then stated as an easement. The work of drainage (lead etc.) for maintenance, repair and replacement will then have to be done by the dominant property or by both if there is dual use or a shared wall. Naturally draining water must be received by the lower property.

Questioner

My question is still this: are the neighbours allowed to discharge their drained rainwater from their roof structure onto my lower roof? The 2 short pipes that do this are located above my part of the roof. There is no mention of easements in the purchase agreement.

Lawyer

You must receive water that naturally drains and you do not have to approve that rainwater drains if there have been changes in its course as now. But easements can also arise because of prescription. (20 years)

Lawyer

in addition to my last answer: I can help you by having a full and legally valid liability statement drawn up for the damage you suffered due to the actions of the perpetrator. In that case, please contact me via my e-mail address info@rechtinjestad.nl