Addition to previous question regarding chimney leakage and cost allocation.

Questioner

The answer was clear and concise but I have an addition to the 1st question. (see below for original question). We have previously indicated to the neighbors that we are willing to bear the costs, this has been recorded via WhatsApp. My question concerns the following: the sharing of costs 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? 1st question: ''Leakage on 1 side of shared chimney, share costs? 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?''

Lawyer

Communication via WhatsApp, for example, can be legally binding, provided that a number of conditions are met. Firstly, it is important that the agreements made are sufficiently specified - it must be clear what exactly the agreement is. Secondly, it must be clear to the recipient of the message that the other party intends to make that agreement legally binding. It is therefore possible that the judge will refer to your previous communication in which you indicate that you want to bear the costs. A judge will then look at the exact content of the communication, the context in which it was said and the intentions of you as parties, to determine whether you are indeed (partly or fully) liable for the costs. But it is also important to know that the obligation to bear the costs based on the neighbour law (article 5:62 BW) and associated case law, does not automatically depend on the place where the damage occurs. In your case, it may be that the neighbours, even if the leak were to occur on one side, are still obliged to contribute to the repair costs. I would therefore recommend that you sit down with a legal advisor or lawyer so that they can specifically assess your situation and help you take the best next steps. ---------------- 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.