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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12064
Experience:  30 years as a practising solicitor.
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I have a restaurant of which part of the roof is my upstair

Customer Question

I have a restaurant of which part of the roof is my upstair neighbours roof garden he is a builder and told me 6 months ago he would repair a leak in the roof which requires a larger downpipe.He has a metal railing with bamboo surrounding the roof where I cannot get access to the roof.The recent high winds have nearly taken away the side railings which are attached to the wood which surrounds my roof which he uses as a balcony/garden.Who is responsible for this repair?
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Do the title deeds say anything about who is responsible for what? That is generally what rules in an issue of this nature.

The other matter is that if you can't agree what is causing the problem you will have to have someone carry out an inspection. There is no point in arguing the issue of responsibility for a problem when you don't know what the cause of the problem is.

Happy to discuss further.