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Post by Clinton Cool on Feb 18, 2021 18:11:11 GMT
I get large damp patches upstairs on the wall adjoining my neighbour, following heavy rain.
There's a chimney stack built directly above this party wall. The flashings on my side are in good condition. I conclude that water is entering the chimney stack and working its way down, and just happens to be coming out on my side. The neighbour (a tenant) has no such issues. Visually, the chimney stack is in moderate to poor condition, with some cracked/ missing pointing, and a little vegetation growing out of it in places.
The deeds state that the wall between the properties is shared, and subject to the party wall act. It makes no mention of the chimney above it.
So it seems simple, I either repair my half and hope for the best, or we agree to repoint the entire chimney breast jointly.
However: The 2 houses used to be 1. The chimney in question only serves next door. It does not, and never has, served my property. This makes me wonder whether, because the chimney is for the sole use/ enjoyment of next door, that responsibility for this lies with him.
I spoke to the owner on the phone. Local talk is that he was aware of the problem, but did nothing about it. I can't blame him in a way, he doesn't have any problems, but still... Anyway, I suggested that it was his chimney and asked if he could repair it. He partly acknowledged this but said he couldn't come over because of 'lockdown', so I'd need to wait. I felt it was a bit of a brush off. Before I take the matter up with him again I'd like to feel more confident about the legalities here. I've spent ages looking on the internet for an answer, but can't find one. Usually, if a chimney stack is built on a party wall it will serve both properties. Mine is an unusual arrangement, it's rare for 1 property to become 2 in this way.
Does anyone have the knowledge?
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Post by Deleted on Feb 18, 2021 18:25:28 GMT
When I had our chimney repointed on the party wall I just got the builder to do the whole thing, the additional cost wasn't worth bothering about as the major part of the cost is getting up there.
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Post by Deleted on Feb 18, 2021 18:36:38 GMT
Party wall act doesn't apply to the chimney above the roof.
What do the deeds say? I suspect nothing. If so you could probably remove any part of the chimney that overhangs your roof space (post the bricks down the chimney otherwise you could be done for theft). I suspect this won't help resolve the leak though!
Time to negotiate and get some of the gold coins out (or all of them if you wish to make a legal challenge )
PS. Don't forget to get listed building consent before starting any work!
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Post by Deleted on Feb 18, 2021 18:41:17 GMT
Parties are currently banned.
Does this have a negative impact on party walls?
I know nought about houses as never had one and never will have one but it's an interesting conundrum.
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Post by Deleted on Feb 18, 2021 18:49:12 GMT
I find the whole gold thing slightly intriguing.
There are companies offering to send you gold by post.
You pay them for the gold and they post it to you.
This means they know your postal address. In a lot of cases this will be where the person lives.
So when the apocalypse turns up they know where to get gold from.
Seems a bit of a dodgy arrangement to me.
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Post by Clinton Cool on Feb 18, 2021 18:49:40 GMT
Party wall act doesn't apply to the chimney above the roof.
What do the deeds say? I suspect nothing. If so you could probably remove any part of the chimney that overhangs your roof space (post the bricks down the chimney otherwise you could be done for theft). I suspect this won't help resolve the leak though!
Time to negotiate and get some of the gold coins out (or all of them if you wish to make a legal challenge )
PS. Don't forget to get listed building consent before starting any work!
Interesting! It seems then that the responsibility lies entirely with the neighbour. Any idea where I might find legal reference to this?
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Post by Deleted on Feb 18, 2021 18:58:37 GMT
Party wall act doesn't apply to the chimney above the roof.
What do the deeds say? I suspect nothing. If so you could probably remove any part of the chimney that overhangs your roof space (post the bricks down the chimney otherwise you could be done for theft). I suspect this won't help resolve the leak though!
Time to negotiate and get some of the gold coins out (or all of them if you wish to make a legal challenge )
PS. Don't forget to get listed building consent before starting any work!
Interesting! It seems then that the responsibility lies entirely with the neighbour. Any idea where I might find legal reference to this? You won't because of inherited rights (well you will eventually - but realise it is much more complex). Get negotiating...
And if your neighbour has plastic guttering or some other stuff installed against the listed building regs, a quiet hint that you are thinking about contacting the listed building officer for advice, but your not sure about what 'horrors' that might end up in etc etc might help.
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Post by Deleted on Feb 18, 2021 19:02:45 GMT
Can't you just do it yourself? With your neighbour's permission? You said 'owner' - but does that mean the neighbour? ("I spoke to the owner on the phone.") "Chimney Repairs & more" - www.ceredigionchimneysweep.co.uk/"Mike Rowlands Building Contractors is based in Talybont, Ceredigion and provides a full range of domestic and commercial building and construction services, including Chimney repairs, to customers in Aberystwyth and throughout Mid-Wales." www.michaelrowlands.ltd.uk/ttm/chimney-repairs--aberystwyth.phpHe said it was a BTL property next door.
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Post by Clinton Cool on Feb 18, 2021 19:11:11 GMT
Interesting! It seems then that the responsibility lies entirely with the neighbour. Any idea where I might find legal reference to this? You won't because of inherited rights (well you will eventually - but realise it is much more complex). Get negotiating...
And if your neighbour has plastic guttering or some other stuff installed against the listed building regs, a quiet hint that you are thinking about contacting the listed building officer for advice, but your not sure about what 'horrors' that might end up in etc etc might help.
Breaches of listed buidings regs are rife here. The whole area is denoted as a conservation area, there are maybe 50 or 60 houses within it. Not a single one has cast iron guttering. Cement mortar is rife, rather than lime. People paint their doors/ windows whatever colour they like, nobody bothers. The council draws the line at plastic windows, 2 houses installed these, then were forced to replace them with timber. I'm happy to negotiate with next door. Even pay half if it comes to it, although I'd rather not, it's not my chimney. I'm just wondering what I might point him towards if he gets awkward and unreasonably delays the work, or refuses to do it altogether?
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Post by Deleted on Feb 18, 2021 19:18:52 GMT
You won't because of inherited rights (well you will eventually - but realise it is much more complex). Get negotiating...
And if your neighbour has plastic guttering or some other stuff installed against the listed building regs, a quiet hint that you are thinking about contacting the listed building officer for advice, but your not sure about what 'horrors' that might end up in etc etc might help.
Breaches of listed buidings regs are rife here. The whole area is denoted as a conservation area, there are maybe 50 or 60 houses within it. Not a single one has cast iron guttering. Cement mortar is rife, rather than lime. People paint their doors/ windows whatever colour they like, nobody bothers. The council draws the line at plastic windows, 2 houses installed these, then were forced to replace them with timber. I'm happy to negotiate with next door. Even pay half if it comes to it, although I'd rather not, it's not my chimney. I'm just wondering what I might point him towards if he gets awkward and unreasonably delays the work, or refuses to do it altogether? You have virtually nothing in everyday modern law to use (you can argue you do but they could find stuff to dispute that argument). The law will eventually resolve the issue, but it could come down to how the property was split and which was the primary property after the split, you might find yourself having a large building and legal bill if you lose.
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Post by Deleted on Feb 18, 2021 19:23:55 GMT
I am wondering if the owner of the property alongside may also be a boat owner.
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Post by patty on Feb 18, 2021 19:28:50 GMT
Had this problem ..or a similar both at Horror House and here... Here the fault lie with next doors 'half of the chimney but he had no problem in his house(or claimed not to) ..in fact he even said the builder I ask to check it out couldn't step on his bit of the roof..I ended up paying as realised hiding to nothing to try and get anything from him..sometimes its just easier and so much less hassle..I know its annoying and I was tad cross. At Horror House her broken guttering poured water on my roof and it leaked...plus other issues..she perpetually claimed poverty so I ended up just sorting apart from the cess pit horror which I insisted both neighbours paid a third as per the deeds... Chatting with daughter I realise just how relieved I am to be away from Horror House......think that was my biggest mistake...my family don't think so they think I should have stayed there..... So I guess if u r prepared to get assertive u might get him to pay but i doubt it. I paid removal of farmers knotweed cos I knew they wouldn't as they didn't care...it devalued and threatened my place..legally their responsibility. Good luck.... I did keep all documentation and receipts 'just in case'
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Post by patty on Feb 18, 2021 19:29:36 GMT
Interesting! It seems then that the responsibility lies entirely with the neighbour. Any idea where I might find legal reference to this? You won't because of inherited rights (well you will eventually - but realise it is much more complex). Get negotiating...
And if your neighbour has plastic guttering or some other stuff installed against the listed building regs, a quiet hint that you are thinking about contacting the listed building officer for advice, but your not sure about what 'horrors' that might end up in etc etc might help.
That sounds a better plan...
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Post by Isambard Kingdom Brunel on Feb 18, 2021 19:48:02 GMT
If the damp is causing black mould or fungi to grow, approach the public health as they are a danger to your health.
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Post by Deleted on Feb 18, 2021 20:12:50 GMT
If the damp is causing black mould or fungi to grow, approach the public health as they are a danger to your health. Not a bad idea if negotiations have broken down and he knows for certain the responsibility lies with his neighbour (all far from certain yet).
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