Lutherville Timonium, MD asked in Real Estate Law for Maryland

Q: Duplex house roof is leaking around shared chimney. Neighbor says it's my responsibility to fix it.

Two years ago I replaced the roof on my half. My roofer flashed three sides of the chimney. Last month I received a letter from the owner of the adjacent building that after a heavy rain, water leaked into his house. His insurance looked at the damage and took pictures and indicated that the leak was due to worn flashing on his side of the chimney. I have spoken to the insurance adjuster. I have asked for the photos but the insurance adjuster cannot provide them without the owner’s permission. I have explained to the owner that the two properties share the chimney, but it is not my place to maintain all of it. He thinks the chimney is all on my property and I need to fix the flashing and the damage to the interior of his house.

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: You cannot be responsible for flashing on his roof, if that's what would be required to install or replace flashing on that side of the chimney. Also, his homeowner's insurance is responsible for repairing any interior damage due to leaks. I recommend that you have your roofer come out to inspect and repair the issue if the cause of the leak is the result of your roofer's work. You can tell the roofer that your neighbor is blaming his flashing job around the chimney as the cause of the leak. Your roofer should come out for a warranty call at no cost to you, so have him write up an inspection report of some kind regarding his findings. If it's not his faulty work, you can use his report to defend against your neighbor's claims and that of his insurance company in the event they try to blame you.

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