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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9318
Experience:  I have been practising for 30 years.
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WHO IS RESPONSIBLE FOR THE LEAD FLASHING BETWEEN 2 TERRACED

Customer Question

WHO IS RESPONSIBLE FOR THE LEAD FLASHING BETWEEN 2 TERRACED HOUSES. MY HOUSE IS HIGHER THAN MY NEIGHBOURS AND HAS A 2 FOOT WALL COMING ONTO THEIR ROOF. THIS IS THE RIGHT HAND SIDE OF MY PROPERTY
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.

There is no legal convention, it is a legal myth, where the property on the left is responsible for one boundary and the property on the right the other. The same applies when one property is higher than the other.

If one property was built later than the other, would be the responsibility of the later addition normally.

If the properties were built at the same time, then it’s a joint responsibility.

If one party will not agree to pay half of the cost of any remedial work, then the other party will have to do the work, pay for it and then seek the cost from the nonpaying party, through the Small Claims Court if necessary.

Can I clarify anything else for you?

Please rate the service positive. It doesn’t cost you anything but helps me greatly.

We can still exchange emails. Best wishes. FES.

PS assuming there is no mention in the deeds of who is responsible for which boundary.

Customer: replied 10 months ago.
The lead flashing is attached to my neighbours roof and then the gable wall of my property. It's a link property my house is slightly higher because the houses were built on a slope. The two roofs don't meet in the traditional way because of the height difference. The flashing as slipped and only needs to be put back, last year the same thing happened on the left side of my roof. Because my roof held the flashing I repaired it. The flashing clearly belongs to the roof, indeed I probably wouldn't suffer water damage if it wasn't put back. My neighbour's house is the first in the street, my house is No2, both are freehold and privately owned, I wonder what decision an insurance company would make? I feel so confident that the neighbour is responsible because the way the properties were constructed.
Expert:  F E Smith replied 10 months ago.

If there is going to be an argument over it, for the cost of the argument compare to the cost of the flashing, the insurance company would settle 50-50.the other thing of course is that if the neighbours is it yours and you say it’s the neighbours, cost of taking this to court is also probably going to be more than cost of the repair although if your claim is successful, you would normally recover those costs from the unsuccessful defendant. If the houses were built at the same time, I’m inclined to think that it’s a joint responsibility.

If you can attach some photographs, I may be able to give you a firmer opinion.

Expert:  F E Smith replied 10 months ago.

I see that you have given a negative rating. Was that a mistake? You appreciate, that I’m not responsible for the way that the law would interpret this. Please remember also that I haven’t seen any photographs and it’s very difficult to visualise the physical layout of the property.

Is there anything I didn’t explain clearly enough?

F E Smith and other Law Specialists are ready to help you
Customer: replied 10 months ago.
I'm sorry my rating was based on my personal disappointment and not in any way a reflection on your professional integrity. I've amended my rating accordingly.
Expert:  F E Smith replied 10 months ago.

Thank you that’s very kind.