Roof Terrace garden causing damage to property beneath it

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morgane
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Joined: 01 Jun 2011 22:46

Roof Terrace garden causing damage to property beneath it

Post by morgane »

Hi
I am looking for some advice. I live in a complex and my apartment is on the top floor. On the roof top there are a number of terraces tiled etc.
The specific problem that I have is that the owner of the terrace directly above my apartment has decked out the terrace and planted palms in very large soil bags and the net result is that water id now seeping through the roof and causing water damage to my apartment.
Is there any law covering such problems as the owner will not remove the offending plants.
Thanks for your help
Eoin
Nigel Howarth
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Re: Roof Terrace garden causing damage to property beneath it

Post by Nigel Howarth »

Hi Eoin

As far as I am aware, there isn't a law covering such problems - you need to claim against the roof terrace owner's insurance.

Are you sure the roof terrace is privately owned? These usually form part of the common area - shared by all owners.

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Nigel Howarth
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Pantheman
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Re: Roof Terrace garden causing damage to property beneath it

Post by Pantheman »

You could approach your insurance for a claim and let them fight his??

Alternatively a letter from a solicitor seeking damages might be enough to scare him..
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morgane
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Joined: 01 Jun 2011 22:46

Re: Roof Terrace garden causing damage to property beneath it

Post by morgane »

Thanks for the advice and yes the terraces in this complex are privately owned. There was an option to purchase a terrace at the time of purchase of an apartment.
Again I appreciate your swift response
Eoin
Nigel Howarth
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Re: Roof Terrace garden causing damage to property beneath it

Post by Nigel Howarth »

Hi Eoin

Regardless of the terrace owner's plants causing a problem, I suspect the roof may also leak when it rains.

The terrace does need sealing properly to prevent water penetration - and it's up to the terrace owner to do this (either through his/her insurance or via a 'stiff' letter from your lawyer as has been mentioned).

Regards,
Nigel Howarth
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morgane
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Re: Roof Terrace garden causing damage to property beneath it

Post by morgane »

NIGEL
Thanks for that
eoin
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