Can I claim water damage from my neighbors?

Questioner

My neighbours have put up a fence around a balcony. Now it turns out that the leg of the fence is leaking: water is now running into our bedroom! Now that we know that the leak is there, are the neighbours obliged to pay the roofer's bill. We could wait longer and repaired the damage ourselves. How can we recover this from the neighbours?

Lawyer

According to the Civil Code (Article 6:162), someone can be liable for damage caused by an unlawful act. If you can prove that the leak was caused by work done by your neighbours and that they acted carelessly (for example, because they knew the fence was leaking and did nothing about it), this could be considered an unlawful act. It is important that you have informed them of the leak and given them the opportunity to resolve the problem. If you have evidence that you have done this (such as email correspondence, letters or witness statements), this can help in recovering the costs. In addition, it is important that the damage you have experienced actually resulted from that leak and that you have proof of this. Costs of a roofer and any other repair costs may be included, but also any consequential damage in your bedroom. If you cannot reach an agreement with your neighbours, you could consider taking the step of hiring a lawyer or attorney to help you with this. Recovering damages can be done by means of a letter in which all costs are specifically set out and with proof of the damage suffered. Please note that this advice is for orientation purposes only and the actual legal situation may differ depending on the specific facts and circumstances. It may be wise to seek professional legal advice. -------------- 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.