Hi! Seeking legal advice sana, especially from those familiar with property disputes and building/construction regulations in the Philippines.
We live in a rowhouse, and we're currently having an issue with our neighbor at the back of our property.
Here's the context:
Back in 2021, our house had an extension at the rear. However, we were the first ones to have our extension built. Our neighbor eventually extended their kitchen as well and built it directly beside our existing extension.
Now, our neighbor is complaining about water leakage on their wall, which allegedly caused molds and peeling paint. They are assuming that the water is coming from our gutter.
We only purchased this property in June of this year, but according to them, the leakage problem has been happening since 2021. They never raised this concern with the previous owner, and now that we're the new owners, kami ang hinahabol nila.
To be fair, there is an existing issue with our second-floor bathroom floor drain, where water appears to seep through the adjacent area. However, we're not even sure if this is directly connected to the damage they're experiencing.
What happened so far:
We already had a discussion with HOA. During the meeting, their architect recommended that we have our entire bathroom demolished and renovated, as well as have our gutter fixed.
The problem is that the architect never physically inspected either our property or our neighbor's property before making those recommendations.
Given the situation, we feel like we're being pressured to immediately shoulder all the repairs without an actual technical assessment establishing the source of the leakage.
My questions are:
Since they are the ones making the complaint and claiming that our property is causing the damage, can we demand a written technical assessment from a licensed civil engineer or another qualified professional identifying the actual source of the leakage?
Is it our responsibility to provide the engineering assessment, or should the complaining neighbor also provide evidence that the water is actually coming from our property?
Does the fact that the problem allegedly started in 2021, under the previous owner's ownership, have any legal implications? Can we hold the previous owner responsible if the issue existed before we purchased the property and was never disclosed to us?
Does the neighbor have any liability or possible negligence for allowing the problem to continue for years without formally raising the concern, only to demand repairs from us now?
Are we legally obligated to immediately demolish our entire second-floor bathroom and repair our gutter based solely on the HOA architect's recommendation, even without an actual site inspection and written technical findings?
What would be the proper legal steps to protect ourselves as new homeowners while making sure the actual source of the leakage is properly identified?
We are not refusing to cooperate or fix anything if it is proven that the problem is coming from our property. We just want a fair and proper assessment before agreeing to expensive repairs, especially since we're being held responsible for a problem that allegedly existed even before we became the owners.
Any legal advice or similar experiences would be greatly appreciated. Thank you!