Ask the Question

rob_j_egan · Joined: 06 Mar 2006 Posts: 1

Hi,
I currently live in middle terrace property. I have a chimney (on which sits the party wall). Currently my new neighbour is experiencing water coming into the front bedroom - noticeable by water stains under the window and on the ceiling. He says that the Chimney is to blame and has handed me a quote for repairs to the chimney (re-pointing/re-leading) on his side. I ask should I pay. Should we both pay or should he pay if the chimney is at fault.

He didn't get a full structural survey, which would have brought a question mark over the roof I feel. It is newer and higher than mine (original slate roof) and has been put on incorrectly - titles in a line, and has a number of broken title front & rear. The fact that the roof is newer I think would mean that the leading around the chimney on his side is his own and done by tradesmen at behest of the previous owners and is therefore his responsibility to put right and not mine.

I've had a roofer look at the chimney who says he should remove the title on his side to see where the water originates from and that he bets that there will be issues with the felt underneath.

I don't want to cause further damage to his property if the chimney is at fault, but I'm unsure how to proceed or who is to blame. Where do I stand legally?

rob

thescruff · Moderator Joined: 03 May 2003 Posts: 4418 Location: Bath

A trip to his loft next time it rains for a few days will show any wet patches on the rafter.

If work has been done to the chimney/roof on his side then quite simply it's his problem.

I had a simillar problem with a shared drive when I moved in, the neighbours have been using for the last 50 years, they sent me a Solicitors letter telling me to remove my car as it was blocking their access.

According to my plans they did not have a right of way and I told them so Shocked

Later I got a Solicitor to write a reply saying if they have a claim to prove it, never heard another word, although I move the car when the coalman is delivering their coal.

In your case I would get advice from CAB and then get a Solicitor to write a disclaimer, saying you are not responsible for the work they had done and if, in doing the work they have damaged your chimney you will be seeking compensation.

Another idea would be to get an indepentant Surveyor to inspect the roof at his expenses, and make sure you're at home when he calls.

SoItBeS · Guest

deleted by thescruff