Leakage due to closure of communal rainwater drain?

Questioner

We are a small VvE with two members, a ground floor and a top floor. Just like the other buildings in our street. Our building was built in 1903. At the front we have our own rainwater drain (hwa) where some neighbouring houses also drain. At the back we have never had our own hwa and we drain there into the hwa of the neighbouring building. The lowest point of the roof is also around the property boundary. The roof of the neighbouring building has an insulation layer, which makes this roof higher than the adjacent roofs. This increase stops 30 to 40 cm from the roof edge at the rear. For about 3 days now we have had a leak in the upper and lower house at the back. It turns out that the neighboring house has very recently, without any consultation or warning, built a kind of dam between the two roofs. The rainwater can no longer go anywhere on our roof and finds a way through the wall and along the window frames, after all, it has to go somewhere. Such an action seems inappropriate to us. What can we do, legally speaking?

Lawyer

What an annoying situation, I understand that this can be very frustrating for you. In Dutch law there are several paths that you can possibly take. 1. Necessary (drainage) easement: This is a legal right. This means that a piece of land (the servient estate) must meet certain obligations for the benefit of another piece of land (the dominant estate). This means, for example, that if the natural drainage of water from your land runs via your neighbour's land, your neighbour must in principle accept this. This is laid down in article 5:57 of the Civil Code. 2. Tort: If there is no easement, you may be able to sue your neighbours on the basis of tort. This is stipulated in article 6:162 of the Civil Code. There must be an unlawful act that has caused damage. This could be the case, for example, if the neighbours deliberately blocked your drainage. Before you take legal action, it might be wise to first talk to the neighbors. Explain what the problem is and how you think it came about. They may be willing to find a solution. In addition, it is always wise to consult a legal advisor for tailored advice. You can contact such an advisor for a deeper insight into your rights and options, and also for help in starting a possible procedure.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above 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 I would like to invite you to rate the above answer so that we can learn from your response.