Q

I have a possible leak in the damp wall joining me and the next door flat. The body corporate state that if insurance covers, I am responsible for the excess. Also, they are trying to make as if they “help” me by arranging a plumber for which they say I will have to pay if there is no burst pipe, but just a leak or some other cause. However, I believe this wall is a common property as I share it and so are pipes that could be leaking from inside?

A

In terms of the provisions of the Sectional Titles Act the wall between 2 sections is not in fact common property but forms part of each respective section – from the section to the median line of the wall.

If it is a cold water pipe that has burst between the sections it is however the Body Corporate’s responsibility to repair the pipe, however any damage caused to the inside of your section would be covered by insurance and, once again in terms of the Act, unfortunately the excess payable in terms of the policy would be for your cost as the owner of the section.

This answer was provided by my associate, Karen Bleijs, a sectional title expert.

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