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Dispute: Shared roof over a terraced house

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Rachehut | 14:42 Fri 15th Jun 2007 | Property
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I have a terraced house and my neighbour has taken his roof tiles off his roof. (Did he not see the weather forecast for the midlands!?) My hall ceiling has come down because there is water coming through my roof. I have been to see my neighbour and he says that it has nothing to do with him it is caused by the hole in my felt and my roof not being done properly in the first place. Thing is, my roof has been fine and leak free for the past 3 years that I have owned the property and only started leaking last night after he started work on his side. He says that I should expect more water in when he takes the front of his off. I have contacted my insurance company and they are sending a loss-adjuster out on Weds. I have also taken photos of the damage. He has taken the covering off the roof on my side of the party wall. Is this legal? If anyone has any advice on what I should do, I would be very grateful. Is there anything I can do to stop him taking his roof off at the front as I think that might bring the bedroom ceiling down as well?
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You can apply to your local court for an immediate injunction (Court Order) requiring him to stop work. A temporary injunction will not be refused if the situation is factually as you say. You can obtain this over the weekend or on Monday. You will require a solicitor and barrister. It will cost you around �1000. You might get 50% - 80% back in the long run if you are more right than he is. Sometimes the threat of an injunction via a solicitor is enough.
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Thanks very much for your answer. Is it possible for me to obtain a court order myself?
Thanks.
(1) Yes, but you may find it stressful. Being what is called a "litigant in person" can be very tiring, especially if your neighbour opposes your application and employs a solicitor. However, speak to or better still visit Court Services who will go through the formalities and forms with you and fix a date. There is a Court Fee to pay. Plenty of photographs will be needed and a chartered surbeyor's report (�150 - �200).
(2) I'm afraid also that judge's are rather against litigant's in person, so it will help quite a bit if you can afford to take the chartered surveyor along with you.
(3) You will have to get your story straight in your mind, make it as simple as possible, and then be prepared to be very tenacious and keep on repeating the important parts of it and not shut up until the judge agrees to give you an Order.

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