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Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24527
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Can I claim water damage from my neighbour which happened before I bought my property?

Customer Question

Can I claim water damage from my neighbour which happened before I bought my property?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Joshua replied 1 year ago.

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

What is the cause of the water damage please?

Joshua :

Have you notified your neighbour of the damage?

Customer:

Washing machine.

Customer:

No.

Joshua :

Thanks. What damage has been caused and is it continuing to be caused?

Customer:

The water leakage has unraveled an asbestos covered pipe which now needs expert

Customer:

and expensive sripping and recovering.

Joshua :

Thanks.

Joshua :

Finally is the leak an accident - e.g. a pipe bursting - or something that has been caused by the actions or negligence of the neighbour?

Customer:

Not sure...!

Joshua :

Thanks. The position is that if the leak is the result of an accident - e.g. pipes bursting then you do not have a claim against the neighbour. If however it is the result of negligence e.g. leaving a tap running then you do. Failure to repair or address a leak or accident can change an accident into negligence particularly if the damage has got worse since the initial leak then there may be a claim for the additional damage that has been caused due to the delay in remedying the issue.

Joshua :

From what you say here the initial position at least is that it is not known whether the original damage was caused by an accident or negligence. In addition as you have not notified the neighbour and so it is not possible to clearly establish that the neighbour knows about the leak and therefore establish negligence by virtue of their failure to do anything about it. Whether you have a claim against him will therefore depend principally upon whether you can demonstrate that the damage was caused by his negligence and whether he knew about the leak and had the repair been attended to promptly as one might expect with a leak. If you can demonstrate this on the balance of probability then you may have a claim against him for negligence for the additional damage that was caused as a result.

Customer:

Let me find out more I will go and ask.10 mins

Joshua :

No problem. I look forward to hearing from you further so we can continue.

Customer:

Thank you for your help, I have found out that the block management is taking care of it.

Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24527
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other UK Property Law Specialists are ready to help you

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