14 December 2021

What can be done when a property owner is unwilling to cooperate with necessary repairs? Liberty Chappel answers a reader's question in The Times

"Is there nothing we can do if we cannot appeal to his better nature?"

Liberty Chappel, Senior Associate in our Property Litigation team, answers a reader’s question in the Home section of the Sunday Times asking what can be done when a neighbouring property owner appears unwilling to cooperate with necessary repairs.

In her response, Liberty explains that when neighbours share something as fundamental as a roof, the obligations are often recorded by a covenant on the freehold title of each property and it will depend on the wording of the covenant as to whether it is binding on anyone other than the original contracting parties.

She highlights that if no express obligation exists, the position would be that each neighbour is responsible for the part of the roof immediately above their property. However, where wholesale replacement of the roof would be most cost effective, further steps can be taken to try to secure a consensus.

Read the answer in full, here, behind the paywall.

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