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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I own a property with a garage attached tihat is housing association

Customer Question

I own a property with a garage attached tihat is housing association owned. My house has developed a wet wall where water is entering through the garage. A surveyor from the housing association came round and agreed the leak is within their garage and causing damage to my property. He has stated that the leak is in a gully that my property also feeds into. He stated that if they are to repair the roof that would probably damage my property roof. He stated that in order for them to repair the gully it will cost me approx £4000. As at the moment my roof is fine the only leak is from the garage am i liable for any costs?
Submitted: 5 years ago.
Category: Law
Expert:  James Mather replied 5 years ago.
Does yr roof feed into that gulley?
Customer: replied 5 years ago.

I believe it does the surveyor said it was a gully shared by my neighbours the garage and myself

Expert:  James Mather replied 5 years ago.

Thank you, in which case, under the legal doctrine of
mutual benefit and burden, as you have the benefit of your water draining into
the gully and away, you will also have the burden of contributing to the repair.

It is difficult to say without looking at the
construction of the building. What proportion that would be. But it seems
unlikely that it would be 50% if it doesn't comprise part of your building, but
you simply have the use of it. I think probably between 5 and 20% would be a
reasonable offer to make.

I appreciate that this is not the answer you wanted there
is no point in me misleading you.

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