Responsible for leaking shared roof sheds?

Questioner

We share a roof of the shed with our neighbour. Since the beginning of this year there has been water in our shed and it turns out that, after a visit from a roofer, there is a big hole on the neighbour's side. Initially we agreed with her son, he arranges everything for his mother, that we would share the costs for replacing the roof boarding, the roof trim and renewing the bitumen roof. Now it turns out that a large hole on the neighbor's side has caused a leak, the costs will increase considerably. The neighbor also wants to share these costs with us, but we do not agree. The hole is not there for nothing and we have only been living in this house since June 2022. This is therefore negligence on the part of the neighbor, because this leak must have been going on for much longer than the beginning of this year, given the damage to the roof. The work has now come to a standstill because we have engaged legal assistance, but we would like to know what the chances of success are if we possibly bring this up to enforce that they must pay all additional costs.

Lawyer

It is good to hear that you have engaged your legal assistance. They can assist you with the further steps and procedures. As for the division of the costs of the repair, this is generally a complex area. It depends on various factors such as the cause of the leak and also the agreements that were made when the shared roof was constructed. If the damage was caused by the negligence of the neighbour, it would in principle be reasonable that she bears the costs for this. It is important to look at the title on the basis of which the roof is joint. If the joint roof is registered as an easement, then the conditions as set out in the deed of easement must be looked at. If the title is co-ownership, then the Civil Code (book 5, title 3) may be relevant. This contains rules on the rights and obligations of co-owners. It may also be important whether or not the damage was visible when you moved into the home in June 2022. For example, did you have a building inspection carried out? If so, was the damage noticed at the time? You may be able to invoke non-conformity if you could not have discovered the damage when you bought your home, but this depends on the specific circumstances. I recommend that you gather with your legal counsel all documentation and correspondence relating to your situation, such as reports from the roofer, emails with the neighbour, any building inspection reports, etc. Finally, please note that this advice is based on general principles and that your specific situation may lead to different outcomes. Your legal expenses insurer will be able to advise you further on this. ---------------- Please note! This orientation advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer ---------------- Call us for further assistance Stichting Rechtswinkel.nl is a national organization with students and volunteers. We may be able to help you free of charge or refer you to a reliable lawyer or legal expert. Call us during office hours on 040 2350423.