Semi-detached Chimney issues?

Question

I’ve always been telling my neighbour their side of the chimney pots are falling to their side, you can see it, they have always just passed it off. I wanted the chimney pointed and such, so I hired someone to do it, they did it, neighbour paid to have their side done, they weren’t happy, they were expecting more and the chimney to be sorted out for £50 and at that point had admitted the chimney pots were slanting, but said they were ours.

Anyway, they had the official word that their chimney pots are in fact falling to the side, and pushing the bricks out. They came to me, demanding half to restack the chimney pots and sort it out. There is absolutely nothing wrong with our side of the chimney, but out of morale conscious, I decided I would pay some, it isn’t necessary for me, but as it benefits me I decided to pay round about a third. If it was my fault I would of paid for it all, that’s just how I am.

Now they’ve decided not to have the chimney restacked, just the chimneys

slapped cement over it sort of job. It needs more than that, in a couple years time we’ll be facing the same problem, and at no point has the problem been ‘my’ fault but I can see in a couple of years time this fault causing complications with my side, and me having to end up paying for it all which in my opinion is in no way fair.

I want to get it sorted out properly first time now where as they are happy to let it be and ‘make it better’.

There is a risk of it caving in and causing tremendous damage. I’ve checked with my insurance company, they would in no way pay out, I doubt I could claim off my neighbours either, my only cause of action then would be to sue them if it did cave in, which is going a bit extreme but would be my only option to reclaim damages. The only ‘evidence’ I appear to have is the roofer who has admitted that it is their ‘responsibility’.

Where do I stand? What can I possibly do if my neighbours decide to go ahead with the ‘slapping cement’ option?

The only option seems to be to take charge, go against their wishes, and have to restacked at my own cost.

Answer 1

If the centre line of the chimney straddles the centre line of your properties, then you are both jointly liable for structural repairs. Chimney pots don't come under that area, so this is a little complicated. Basically, you & your neighbour are liable for your respective sides of the chimney with regard to non-structural repairs; for example if the step flashings on your side failed, then naturally only you would be liable and not your neighbour. Chimney pots are virtually never shared, so if you say have four pots on your chimney, then two will be yours and two will be your neighbours. The pots that are leaning may only need removing and re-flaunching. If he insists on simply having the pots re-flaunched when you consider the actual chimney structure to be unsafe, then you may need to take legal action. Have a professional survey of the chimney done, which your neighbour will also be jointly liable for. Assuming the survey says that the chimney needs to be taken down and rebuilt, then if he still won't agree to pay half, write him a letter saying that you intend to have the chimney taken down and rebuilt, and that he is jointly liable for the costs. If he doesn't reply to this, write to him again once you've organized a builder, to say that the work will commence on whatever date, and that you will require access to his side of the roof and chimney, and that if he doesn't reply you will assume that to mean he agrees. Obviously keep copies of all this correspondence. Once the work had been done, for now you will need to pay up, then start legal proceedings against him to recover half the costs you've incurred.

Citizen's Advice Bureau will have good information about how to make a claim in the county court.

Good luck, here's hoping he sees sense.

Answer 2

Hi,you can contact your local planning council office.They will advise you.I know how you feel I had the same problem with
my neighbour.Thankfully they decided to move so they got it repointed there side & I paid to get mine repointed.Like you my roofer told me a few years before they got it done that it might cave in.If it is slanting there way then it will cave in onto there side if it drags yours with it then there insurance will have to pay out.Good Luck

Answer 3

Unless you arte both using open fires, why not have the chimney pots removed?

Answer 4

you can ask for help at the citizens advice beuro..or the environmental health ..even get in contact with your local building control office ..they will really help you ..and it definitely not you responsibility