Clarification on Neighborly Damages
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Question
Hello,
There are two adjacent buildings. In the lower apartment of one building, a water leak was discovered from a wall facing an internal space. It was found that two sewage pipes of the neighboring building are faulty, and the liquids leaking from them seep towards the first building, penetrating through the wall and causing ongoing damage:
The residents of the second building, from where the damage originates, claim that the pipes were damaged by one of the tenants who built extensions without an engineer, etc. Therefore, the damaged party from the neighboring building should deal only with him.
The accused tenant claims that he is certainly not responsible for one of the two pipes and probably also for the second, and that the pipes were damaged by processes beyond his control.
The damaged party claims that the damage is due to a continuous flow of sewage, and there is no dispute that it comes from all the neighbors in the adjacent building, and it is not his concern how the pipes burst, and this fact at most determines the initial flow of liquids and does not concern the ongoing damage. Therefore, he is entitled to sue all the residents of the building, and they should decide among themselves who is responsible for the damage.
The question is, therefore:
Can the damaged party sue all the people using the faulty pipes for the damage caused and demand that they stop using the sewage sources feeding them until the pipes are repaired?
Can they reject his claims by referring him from one to another, claiming that they are not responsible for the creation of the damage?
Answer
Peace and blessings
You have the right to prevent the neighbors from using the sewage if it is causing you harm.
Comments
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