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neighbours new roof has damaged my property

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foxyflugel | 04:39 Sun 28th Jan 2007 | Law
2 Answers
Wondered if anyone could help.

We live in a terraced house and the neighbours we had about 2 years ago had a new roof on their property and shortly after they moved house. Since then the new landlord rents it out and has owned it for about 2 years. We don't go into our attic bedroom as we have no need to - so were shocked to see really bad damp on the wall directly underneath the boundary of the roof join. We also noticed that whoever did the roof next door has taken our tiles off our roof and 'extended' next doors roof tiles right over onto 'our' part of the roof. A builder says that they have not sealed the join as they should have. Can anyone tell me if the new owner is responsible for this or if we have to sort it out ourselves?
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Generally, you can only sue someone for the cost of repairing damage to your property if that person (or their agent) has been negligent.

So you could sue the builder who did the poor work (because he was negligent) or you could sue the previous owner of the house (because his agent was negligent).

The present owner of the house next to yours has not been negligent, so you can't make a successful claim against him.

Chris
But neighbour may have committed a tort- "nuisance" - in permitting water to flow from his property to yours.

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