Freehold Property:Rising Damp: Who Pays?

[gsconway]

Dear sir/madam,

I am one of three individuals who own a share of the freehold of a period building. The other two freeholders have recently moved into the property. My property is the basement flat let out to a private tenant.

I have discovered rising damp in my flat which has arisen from the exterior back wall of the property. The 'problem wall' is shared by all 3 flats but at present only affects my flat. The cost of repair is around £1000.

Am I legally entitled to ask the other two freeholders to each pay a third of the cost of fixing the problem? I have referred to the lease with no success in which case how do I and my fellow a freeholders know who is responsible for problems such as this?

[jeffrey]

Dear sir/madam,

I am one of three individuals who own a share of the freehold of a period building. The other two freeholders have recently moved into the property. My property is the basement flat let out to a private tenant.

I have discovered rising damp in my flat which has arisen from the exterior back wall of the property. The 'problem wall' is shared by all 3 flats but at present only affects my flat. The cost of repair is around £1000.

Am I legally entitled to ask the other two freeholders to each pay a third of the cost of fixing the problem? I have referred to the lease with no success in which case how do I and my fellow a freeholders know who is responsible for problems such as this?

If the lease is an "eggshell" lease [ask if you don't know what this is], the joint f/r owners are probably collectively responsible- via service charge- for defects in external wall.

[Donkin]

Check your Lease.

The ones in my property say "if the item is used by two or more flats".

ie the foundations and ground level wall is used by everyone to hold up their wall, therefore it is a shared cost. However the cellar is only used by ground floor so is not.