What is the name of your state (only U.S. law)? NY - NYC
One end of our house's 2nd and 3rd fl balconies are connected to our neighbor's back wall. An awning was on top of the 3rd fl balcony when the house was bought. According to our neighbor, for years he had complained to the previous owner about rain water splashing off the awning and leaking into the brick wall. There was a gutter there before but because of their complaints we put in a new gutter last year.
A couple days ago he contacted us again, saying his walls are leaky again and he wants to contact his insurance company. I did some research online and it seems that rain falls under the "common enemy" rule and we shouldn't be liable, but here's 3 things that maybe in or out of our favors and I would really like to get some opinions on:
1) Like previously stated, one end of the balconies are connected to this wall
2) The only way to access the exposed part of my neighbor's back wall is to enter our front yard
3) for the last 40+ years, they have not asked for permission or did anything to this brick wall(no sealing or waterproofing)
Is this is case for us or against us? Please help!
One end of our house's 2nd and 3rd fl balconies are connected to our neighbor's back wall. An awning was on top of the 3rd fl balcony when the house was bought. According to our neighbor, for years he had complained to the previous owner about rain water splashing off the awning and leaking into the brick wall. There was a gutter there before but because of their complaints we put in a new gutter last year.
A couple days ago he contacted us again, saying his walls are leaky again and he wants to contact his insurance company. I did some research online and it seems that rain falls under the "common enemy" rule and we shouldn't be liable, but here's 3 things that maybe in or out of our favors and I would really like to get some opinions on:
1) Like previously stated, one end of the balconies are connected to this wall
2) The only way to access the exposed part of my neighbor's back wall is to enter our front yard
3) for the last 40+ years, they have not asked for permission or did anything to this brick wall(no sealing or waterproofing)
Is this is case for us or against us? Please help!
