party wall or roof ridge?

[legepe]

Hi everyone!

I was hoping you could advise here as I have a problem with the neighboring property saying I am responsible for leak (waterfall) entering their property (wish I could post video as it shows the water coming in by the gallon)

Is the legal definition of a party wall based on the wall or the roof ridge as they are telling me Im responsibe up to the roof ridge (My property is the one to the right of the pic) and the water entered well past the party wall? (see attached)

Any advice would be very much appreciated

legepe

 

[foxhole]

Given the roof tile joint line your party wall red line looks off .If it’s correct then rain would have to run uphill for it to be your responsibility .

 

[datarebal]

even if the end ridge was not on there wouldnt be gallons.. maybe a plumbing leak?

I would tell him to jog on

 

[legepe]

even if the end ridge was not on there wouldnt be gallons.. maybe a plumbing leak?

That was my thinking exactly - so much water could not come through from the ridge. (no plumbing leak.. it was really heavy rain and it brought the ceilings down, also other properties were effected) I went in loft and saw daylight coming through from the breather hole in the party wall, so simply put it down to the fact its on their side of the property, but they are adamant that even though the problem passes the party wall on their side I am responsible for it up to the roof ridge. So all I want to know is the legalities of it, am i responsible up to the party wall, or is it like they are saying with the roof and I am responsible up to the ridge?

 

[foxhole]

That was my thinking exactly - so much water could not come through from the ridge. (no plumbing leak.. it was really heavy rain and it brought the ceilings down, also other properties were effected) I went in loft and saw daylight coming through from the breather hole in the party wall, so simply put it down to the fact its on their side of the property, but they are adamant that even though the problem passes the party wall on their side I am responsible for it up to the roof ridge. So all I want to know is the legalities of it, am i responsible up to the party wall, or is it like they are saying with the roof and I am responsible up to the ridge?

You are responsible for your roof and nothing beyond it .

 

[legepe]

You are responsible for your roof and nothing beyond it .

Sorry to be so .... ignorant here.. but youre not helping me understand where is the legal line - all i need to understand is it - party wall or roof ridge?

 

[foxhole]

Sorry to be so .... ignorant here.. but youre not helping me understand where is the legal line - all i need to understand is it - party wall or roof ridge?

Roof line .Your party wall is unlikely to be where marked on you photo as it’s a triangular corner plot which would mean your flat? Is a tiny triangle ?

 

[legepe]

Roof line .Your party wall is unlikely to be where marked on you photo as it’s a triangular corner plot which would mean your flat? Is a tiny triangle ?

thats is the party wall..! and no its not a tiny triangle! this is the side view of the building. yellow line indicates the boundaries of it - agian, all I am asking is if someone knows - whats the legal boundary (in a roof leak senario) party wall or roof ridge? (see first pic for details)

 

[Bodgedbuild]

Given the line where the roof tiles change I believe your property was originally part of a larger one that has now been subdivided especially if yours is just the upstairs part? I think the only way to be sure where your property ends is by checking the title deeds which may be with the solicitor or mortgage company when you purchased or you may be able to get a copy from the Land Registery Office. Sometimes properties are divided up in ways that make sense and sometimes not so much.
If your neighbor believes you are responsible, is he referring to his own deeds to come to that conclusion or is he just making an assumption?

 

[legepe]

Given the line where the roof tiles change I believe your property was originally part of a larger one that has now been subdivided especially if yours is just the upstairs part? I think the only way to be sure where your property ends is by checking the title deeds which may be with the solicitor or mortgage company when you purchased or you may be able to get a copy from the Land Registery Office. Sometimes properties are divided up in ways that make sense and sometimes not so much.
If your neighbor believes you are responsible, is he referring to his own deeds to come to that conclusion or is he just making an assumption?

The roof tiles change because at some point in the past it was bitumined n they have simply gone up to the ridge. The roofer who did it would not have had plans and would have simply gone as far to the obvious point - the ridge, I doubt it very much the neighbouring property has gone to the deeds. My suspicion is for the amount of water that entered it cannot be from a ridge tile and something has happened to their dormer window, and they are just trying it on with me

 

[oldbutnotdead]

Land registry is your start point. The dividing lines on their plans are not millimetre accurate but will give you a clue. There might be mention in the deeds of any odd maintenance responsibilities.
Another thing to check is (especially if either of these are leasehold) are the leases, see whose responsibility roof leaks are.

 

[legepe]

I think ive got them with this regardless of partition or not! pic of front seems that theyve already made a repair of some sort above their dormer window, other pic - rear of proberty, I told them there were pigeons nesting but they would not have it! I think its me that should be claiming damages

 

[datarebal]

front dormer has a new flat roof possibly GRP

rear skylight has a dodgy Centre piece of glass.. that's a leak

 

[^woody^]

The party wall is the vertical wall dividing two properties. If the wall does not continue vertically in the loft to the underside of the roof, then unless your deeds state otherwise, you imagine that it does and the area of roof each side belongs to each neighbour.