Chimney stack responsibility

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Before your latest posts it appeared that the chimney breast had been removed in the rooms but left in the loft and on the roof - I have seen this done.

Are you saying that a couple of feet of your property and roof in fact belong to next door?
 
The flue is contained within the stone wall.
The chimney that served our property is viable on the other side of the loft.
Next door still have their chimney breasts.
I have a 1860's terraced property. I had the chimney breast removed on my side, the flue is left alone, the gap boarded then plastered. So it's still there with no evidence inside the property of there ever having been a chimney. Except the loft where you can see the chimney supported with the gallows brackets we put in. We share a chimney with next door too.

I am wondering if you had cowboys in at some stage before you bought the property and that the chimney wasn't supported. Causing the damage and cracks. The work should be signed off by the council, which would give you an idea about what work has been carried out but not everyone does this properly.
 
Before your latest posts it appeared that the chimney breast had been removed in the rooms but left in the loft and on the roof - I have seen this done.

Are you saying that a couple of feet of your property and roof in fact belong to next door?

We've just measured...
There is approx 2 foot less inside the property than outside. the entire side is a couple of foot less inside. Our deeds aren't clear enough on the little drawings to show if it is or isn't ours.
 
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I have a 1860's terraced property. I had the chimney breast removed on my side, the flue is left alone, the gap boarded then plastered. So it's still there with no evidence inside the property of there ever having been a chimney. Except the loft where you can see the chimney supported with the gallows brackets we put in. We share a chimney with next door too.

I am wondering if you had cowboys in at some stage before you bought the property and that the chimney wasn't supported. Causing the damage and cracks. The work should be signed off by the council, which would give you an idea about what work has been carried out but not everyone does this properly.
The chimney stacks for this chimney are still there. The chimney definitely never served our property, ever.
 
The chimney stacks for this chimney are still there. The chimney definitely never served our property, ever.
Yes, some people leave the entire chimney unsupported up in the loft. Anyway, you've no choice other than to get someone around to have a look and assess the damage, cause & costs.
 
Yes, some people leave the entire chimney unsupported up in the loft. Anyway, you've no choice other than to get someone around to have a look and assess the damage, cause & costs.
Sorry, I meant the chimney breasts are still there. They're contained in the wall. They're not inside our property. They serve next door.
 
It looks like you have a party wall that includes the chimney. You say its on your roof, but probably your roof is on the party wall.
 
i dont see this.
what was said when you bought your house or what would have been said to the neighbourswhen they bought ther house?
no surveyor, even a mortgage surveyor, is goin to swerve aa obvious lack of clear boundry lines in the deeds.
neither would a worthwile soliciter.

theyd probly call for a specialist boundry wall surveyor to step in an clear the legal issues prior to mortgagin either property.
 
i dont see this.
what was said when you bought your house or what would have been said to the neighbourswhen they bought ther house?
no surveyor, even a mortgage surveyor, is goin to swerve aa obvious lack of clear boundry lines in the deeds.
neither would a worthwile soliciter.

theyd probly call for a specialist boundry wall surveyor to step in an clear the legal issues prior to mortgagin either property.
Nothing was mentioned. It was only after we bought that we realised. There's no mention of the chimney or anything in any of the deeds ... we have previous owners deeds also dating right back to 1923 and we've looked through them all ourselves.

The chimney state of repair was noted on our survey but it doesn't say anything about who's chimney. Just notes on the condition of it.

We have a mortgage. They did their own survey and nothing was ever mentioned.
 
I suspect the house next to you is the original house when the terrace was built.
For some reason the house next door was knocked down but 2 courses of brick were left standing which contained the original chimney breast for your original neighbours house. When the replacement house was built they utilised the existing chimney breast, (contained between the walls of your house), and simply built the remaining walls to the new property.
As to who actually owns it, or more importantly, who is responsible for it's upkeep, only a court may be able to decide.
 
Sounds to me like the alcoves have been filled in to hide the chimney breast.
 
I would definitely say the stack belongs to you.. its on your house!
Put it this way, if your neighbour got on your roof and starting smashing the stack to pieces and left a big whole in your roof, would you still say the stack was their responsibility?
 
Or, if it is the OP's responsibilty, can he remove them and leave next door without any chimneys?
Are their fireplaces actually on the OP's property?
It is an unusual situation.


Does anyone else think there is room for at least one more pot on the chimney stack?
If so, where does that chimney come from?

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