leaking shared terrace chimney

[krisrt]

im having water leaching down into my attic conversion from (so my roofer says) the chimney that myself and my neighbour uses ( 4 pots hers 1 pot mine).
this problem has been going on for years at one stage my neighbour and i paid between us to have the chimney repointed capped and sealed as she didnt want it to come down as i originaly requested even though it looked like it would fall down at any moment.

but it is still leaking and i now need to use the attic as a bedroom as it was originally planned.

i have confronted her again saying i really need it to come down i have even offered to pay for the entire work.

Where do i stand legally? is there anyone i can contact to get her to allow me to do this? council? insurance? etc

thanks

 

[KenGMac]

krisrt,Hi.

If your neighbour will not play ball [even at no cost to Her? ? ?] then there are several other courses of action.

Drop a note in to your Neighbour asking for her co-operation in the removal of the Chimney, BUT do not mention that you will pay for the entire work in the note. Keep a copy ! in the "note" you should mention that your property is being damaged by the water getting in via the Chimney head,

give the Neighbour some time, about a week, if there is no reaction try Environmental health, complain to them about the DAMAGE to your property and the serious effects of using the Bedroom in a damp state.

Caution, if the property is in any way "listed" then the removal of the Chimney head may not be allowed, it may have to be re-built, given that your neighbour has three Flues and you have one there is a possibility that the Neighbour MAY be liable for her portion of all costs?

As for the Insurers? problematic in that if the chimney head is "obviously" past its useful life span and in need of major repair to rectify a long standing Wear and tear problem they will walk away.

Having said that it is just possible that your Insurer may have given you "legal assistance" cover, don't hold your breath?

Another source of assist could be the CAB to point you in the direction of sorting out a neighbourhood problem

Hope some of the above assists.

Ken