Dear Rabbi, we would like to ask the following:
A contractor built the building approximately 25 years ago and placed the building’s sewer manhole in the rear courtyard of the building, and sold the courtyard area to the owner of Apartment No. 1.
Over the years, the apartment changed hands several times, and about 15 years ago, one of the apartment’s owners paved the courtyard and covered the sewer openings with paving.
Now a blockage has developed there, and a plumber came to locate the sewer opening and repair it. The cost of searching for and locating it was approximately 2,000 shekels, and restoring the paving cost an additional 3,000 shekels.
The neighbors claim that they neither changed the location of the sewer opening nor installed the paving in the courtyard. They also claim that, at the time, several of the neighbors told the owner of Apartment No. 1 that paving it would cause many problems. Naturally, only the owners of Apartment No. 1 on the first floor could enter and carry out renovations and changes in the courtyard; it is a private courtyard! The neighbors were never able to enter the courtyard, nor are they able to enter it today, and this was done solely by one of the owners who lived, or lives, in the apartment to which the courtyard belongs.
Who must bear the cost of locating the sewer opening and restoring the paving above it in the private courtyard?
Thank you in advance.
Shalom u’vracha,
It is well known that one cannot issue a ruling in monetary matters without hearing both sides. However, not as a formal ruling but as an answer to the halachic question, the answer is as follows:
Provided that it is clear that the owner of the apartment to which the courtyard belongs paved the courtyard and covered the sewer manhole, despite knowing of its existence, he must bear the cost of locating the sewer manhole. This is because every owner of a private apartment is obligated to allow access to the inspection openings of the sewage systems of the jointly owned building.
Regarding payment for restoring the paving after it was opened in order to locate and repair the leak, the neighbors are not obligated to pay for this, because from their perspective, paving over the manhole was contrary to their consent—particularly if they informed the courtyard owner of this from the outset. Therefore, if the neighbor wishes to restore the paving, he must do so at his own expense. Naturally, the neighbors may require him not to cover the manhole in a manner that prevents its being located and opened when necessary.
With blessings,
Rabbi David Ohayon
This response was translated automatically from Hebrew and has not yet been reviewed by a person. It may therefore contain inaccuracies and should not be considered a definitive reference.
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