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Roof Drainage Easement Rights

  • 22-01-2023 12:57pm
    Registered Users Posts: 72 ✭✭


    Me and my neighbour have a flat roof separating the front and back roofs.

    Both our roofs suffer from exactly the same leaks and issues due to poorly installed lead, cracked lead and blocked drains that run through the rear roof attic space out to the rain gutter at the back.

    I want to cover this flat roof section from front roof ridge to back roof ridge, eliminating most points of failure (especially the drain that runs through the attic).

    All our other neighbours have already made this change.

    My neighbour wants to fibreglass over his existing lead flat roof, and he wants me to do the same. I don't want to do this as i don't think the lead is stable enought, i think the fibreglass will crack as the lead expands and contracts as it changes temperature and either way it still means cleaning moss off the roof 3 or 4 times a year to prevent blockages in the drain and flooding from the roof.

    The issue is, part of my neighbours roof drains onto my roof, and he doesn't want me to interfere with his roof, and to do this i'd at least need to take the flat roof over to his chimney.

    Just wondering what my rights are here, worst case, could i build up the boundary wall between us, just cover my own roof and force my neighbour to install a second drain on my side of his chimney? Or do i have to keep my roof as it is, to allow his roof to drain onto it?

    See diagram below.



  • Registered Users Posts: 757 ✭✭✭C. Eastwood

    You need to retain a Construction Professional (CP) to Survey the Roofs and advise accordingly.

    Fibreglass should be applied to new Plywood deck.

    You cannot apply fibreglass to lead.

    You should not interfere with your neighbours roof or neighbours drainage system without agreement.

    Get a CP to carry out a Survey of the properties and make out á Specifications of what needs to be carried out to resolve the problems.

    Then meet your neighbours with your CP to discuss the CP’s Proposal.

    It is important to have proof of all correspondence, and the CP as á witness.

    If your neighbour does not agree to allow you to carry out the necessary works, you need to go to a solicitor to make an application to the courts, as there is legislation to carry out necessary works to your property, when a neighbour refuses you the necessary permission to prevent damage to your property.