Water leak disputes between neighbouring properties are a common issue in English property law, particularly in terraced houses, semi-detached properties, and blocks of flats. Such disputes usually arise where water escapes from one property and causes damage to an adjoining or underlying property, including dampness, mould, or structural damage.
Liability for a water leak
Liability in neighbour water leakage cases is most commonly assessed under the law of private nuisance and negligence. A neighbour may be liable where they have created, adopted, or failed to remedy a source of water escape that unreasonably interferes with another person’s use or enjoyment of their property. Importantly, liability does not usually arise simply because a leak occurs; rather, it depends on whether the neighbour knew or ought reasonably to have known of the problem and failed to take reasonable steps to address it.
What happens once the neighbour is notified of the leak?
Once a neighbour is put on notice of a leak, they are expected to investigate and carry out repairs within a reasonable time. A failure to do so may result in liability for continuing damage. Where the leak originates from shared structures or services, such as party walls, roofs, or communal pipes, responsibility may lie with a freeholder or management company rather than the individual neighbour.
How can causation be proved?
Causation is often disputed in these cases. The affected neighbour must prove that the damage complained of was caused by the alleged leak, as opposed to other factors such as condensation or poor ventilation. Expert evidence from surveyors or plumbers is frequently required to identify the source of the water ingress and determine responsibility.
Remedies in neighbour water leakage disputes may include damages for the cost of repairs and associated losses, as well as injunctive relief requiring the responsible party to carry out remedial works. The courts also expect parties to act reasonably and to attempt to resolve such disputes amicably, given the ongoing nature of neighbour relationships.
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