total confusion over roof issue.....

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New here, not sure I am posting this in the right place at all but hoping someone might be able to assist.

We live in an old, quirky early victorian house joined to our neighbour. At the rear various extensions and alterations have taken place over the years which results in a hotchpotch of roof sections.

Neighbour is a very reasonable sort, we get on well, but have been approached about something which is not making any sense at all.

Imagine looking at a gable end wall. Inside the house behind the wall is 50% our house and 50% neighbours, split down the middle.

You would expect the roof apex to be central, with a slope either side relating to each house. Instead there is a single sloping roof (i.e the apex is on the far left side not in the centre.

Neighbours are under the higher part, we are under the lower part of the slope.

We don't have access to the roof void at all (very small area anyway as we are under the lower part of the slope) but neighbours have access to theirs, and there is no internal divide between their void and ours. Doesn't really bother us - tiny area anyway. Chances are the few boxes she has up there may encroach onto our side, but hey, really not a problem!

Except they have told us there is a hole in the roof, on their side of the slope. Water is coming in. It's actually coming in where their chimney stack flashing is failing (their chimney, of course!). However their roofer has been round today and insinuated that the whole of the roof, including the bit over their house (and the leak!) is our responsibility. I asked him to explain how a roof over a void which isn't ours, which is leaking from a chimney which isn't ours, into a house which of course isn't ours, is our responsibility. He said it boils down to the fact that they couldn't replace the top section without replacing the ours too - so therefore the whole lot is ours to have to repair.

I am most confused.

Doesn't sound at all right to me.

Of course if the whole roof really needed replacing then we would of course be looking at a 50/50 situation. But we are talking about a small leak on their side, relating to the flashing on their chimney.

Can anyone explain more or do I sound right in saying we are not happy to pay for this repair?
 
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The roof is a mono-pitched roof

Unless, your deeds state otherwise, then you are each responsible for the sections of roof directly vertical of your respective property walls - so you the lower section of roof, the neighbour the higher

Perhaps find a different roofer who can actually fix leaks and not just comment on property law?
 
Thanks Woody, at least I know what it's called now :LOL:

I thought that was the case, and of course if the whole shooting match needed replacing then I would be hopeful we would work together and divide costs, but this just sounded bizarre. Trouble is she obviously thinks the roofer is right.... and we get on really well and I don't really want to sound like I'm being pedantic but I obviously don't want to pay for a roof repair which is nothing whatsoever to do with me. I also know she is v hard up for money at the moment, and don't want to sound "mean" about it but we can't afford ourselves to fund other peoples repairs.

Suppose I now need to think of a tactful way of saying "I think it's your problem.....not ours" :rolleyes:
 
have you checked your deeds for a "flying freehold" in case one off you own the whole section
are there other houses in the area similar construction :?: :?:
 
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Get a second opinion - you sort it out if you like, but don't mention any of this to the roofer, just say its a leak and see what he says. Just let the neighbour know that you will be getting a second opinion - or third if need be.

Flashing repairs are common, but if the rest of the roof is not leaking, then there is no reason, other than touting for work, that a roofer would mention it

If the whole roof is nearing its life end (60 years old or so) then that is when you should both be discussing complete replacement
 
have you checked your deeds for a "flying freehold" in case one off you own the whole section

This would not apply to just a section of roof not above ones own property. It normally applies to an enclosed room above another property and the structure around or supporting that room
 

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