Leakage on one side of shared chimney, share costs?

Questioner

We share a chimney with the neighbors that leaks on our side, several roofers have looked at this and all indicate that the chimney needs to be replaced due to large cracks in the bricks and poor pointing, in the meantime it also leaks so much that it has become a necessity. However, the neighbors indicate that they do not want to share the costs because it does not leak on their side. What are our rights regarding these costs? Can we oblige the neighbours to pay part of it? Yours sincerely,

Lawyer

The answer to this question depends on the specific circumstances, but there are some general principles that may be useful. The law states that if two homeowners have a building (such as a chimney) in common, they are both responsible for its maintenance (Article 5:65 of the Civil Code). If your chimney is shared with your neighbours, this would mean that they are obliged to contribute to the maintenance costs. However, if your neighbours refuse to help pay for the repairs, you may be able to go to court to force them to do so. The judge will then decide whether the costs should be divided based on the circumstances, such as the use of the chimney by both parties, the extent to which each party benefits from the repairs, and so on. You could also repair the chimney yourself and then force your neighbours through the courts to reimburse their share of the costs. Keep in mind that you must be able to provide evidence of the necessity of the repair and of your neighbours' refusal to contribute. In any case, it is strongly recommended that you seek legal advice from a professional advisor or lawyer. He or she can help you navigate the legal process and advise you on the best way to handle the situation. ---------------- 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.

Questioner

Following this answer, I have an addition to my question. We have previously indicated to the neighbors that we are willing to bear the costs, this has been recorded via WhatsApp. My question regarding cost sharing arose after the roofer indicated that there is a law for this, which you are now also mentioning. For example, can a judge refer to the fact that we have already indicated that we are willing to bear the costs?