Legal Question in Consumer Law in Virginia

I own a townhouse and my neighbor's roof is leaking and causing leaking in my home. I have gotten an estimate from a contractor who stated that both properties had to be repaired to guarantee no leaking. My neighbor also owns his townhouse and is in the military with a baby on the way. He's not sure he can come up with money for the repairs. What are my legal rights in this situation?


Asked on 10/14/10, 4:34 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

You could certainly sue this other owner for the damages caused to your unit

by his allegedly leaking roof. However, you could not recover the costs involved

in repairing his roof nor secure injunctive relief from the court requiring

him to effect such repair of his roof (in my opinion).

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Answered on 10/20/10, 8:39 am
Michael Hendrickson Law Office Michael E. Hendrickson

AMENDED ANSWER: After further reflection, I believe that if your neighbor fails to repair his roof and it continues to leak into your unit, you could probably also bring a viable action against him for abatement of a private nuisance.

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Answered on 10/22/10, 8:23 am


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