chimney on terraced house

[^woody^]

, it seems that each property must share two chimney stacks--one on each side.

Its a four flue stack which would be one fire to the front and rear rooms downstairs and one fire for each bedroom

The houses are not mirror images so the flues are on opposite party walls not on the same one.

If you look up the terrace, the chimneys are all on the right-hand side of the house and every house has just one stack

And if you look at the back of the terrace, you will see another stack on some of the houses which would be the kitchen flue. Many have been removed by the looks of it

 

[purposefriend]

Thank you woody so it seems it IS a shared chimney. I now have to prove it isn't my side leaking..... what a nightmare. Or I could let him stew until he takes the next step.
I'm concerned because his tenants I think are refusing rent and if it is my side he will make me pay.

 

[^woody^]

Thank you woody so it seems it IS a shared chimney.

No I never said that

It looks like it is not a shared chimney. It seems to have four flues, which would from fires in your four rooms. The neighbours flues would be on the other side of the house going into their own chimney

Let me know if that's not the case

Edit

Is this what the layout looks like .... or a mirror of it? http://bit.ly/13Rte54

 

[TonyW2]

But OP seems to indicate that the front room and kitchen fires are on opposite sides of the house and both houses have kitchen fires.

 

[purposefriend]

on your drawing where you have the kitchen cooker is where the fireplace would be. and thats the lay out in each terracce.

So the firplace in the lounge is opposite. If his kitchen fireplace goes to the roof then he shares the chimney with the wall thats leaking in his hall? Or do I have it wrong?

 

[TonyW2]

Can't make that conclusion.
The kitchen fire may have its own flue and chimney stack (which may have been removed if not in use) or it may join up with the main stack from the neighbouring property on the adjacent wall. Unfortunately for you, the former is looking more likely.
Can you follow the kitchen flue to work out its path?
The rear extensions--where your kitchen now is-- were not originally involved with the main stack, and the original kitchen would have had a fire in it--most likely on the same wall as the front room fire and using the same stack. Not good news for you..

 

[^woody^]

If you look at the back of the properties on Street view you see chimneys from the kitchen area. These are single flue serving the kitchen only, as was typical of properties of that age. The flues for the other fireplaces, are on the opposite party wall for each property.

None are shared it seems

 

[purposefriend]

so from all the comments it looks like I am responsible for the chimney?
All I can say is thank you for all your advise and help..... Looks like I have the cost of taking it down? I just wonder what that is going to cost.

 

[^woody^]

If it is your chimney they you are generally responsible for the chimney, but that does not make you responsible for any leak.

I'm still going to write up a response for you which you can then use or adapt to reply to the neighbour/landlord and/or council, or just use for information. I'll try for later this evening, if not it will be Monday

 

[maltaron]

Looking at street view it seems that the chimneys are one flue wide and therefore all yours, however, and Woody may correct me on this, I would think that the flashing on the neighbours side is part of his roof and therefore his responsibility.

 

[purposefriend]

I am so grateful for your help,and support. You are both so very kind in your advise. Its a terrible delema Im in. God bless you.

 

[^woody^]

Chimney in perspective

• ^woody^
• 20 Jan 2013
• 1

Chimney and party wall looking straight on

• ^woody^
• 20 Jan 2013
• 1

First, you need to understand some basic property ownership concepts

Here are two images showing the chimney between the two terraced properties. Yours is on the left in blue, and the neighbours on the right in red.

Everything in red is owned by the neighbour - so he has half the party wall, the roof above his property to the centre of the party wall, and the flashing to his roof.

Everything in blue is yours, and you can see how the chimney goes over onto his half of the party wall as it leaves the roof. This will be the boundary also. So yes, the chimney is owned by you.

The leak which was described earlier (by the EHO) is typical of a leak from flashing. I can't be 100% certain having not seen it, but that's what I am going to presume. And its what you are entitled to assume until proven otherwise [by the neighbour] via a full and detailed inspection

As such, the leak will be via defective flashing. This flashing on the neighbours side of the chimney will be the neighbours responsibility as it is flashing to his roof. In legal terms, you have given him the right to install flashing to your chimney to seal his roof

So that's the gist of ownership and responsibility

Just a quick mention about the EHO's letter. Essentially it is meaningless. The EHO has made some bold claims about the source of "a leak". Firstly, chimneys don't leak water. They are not water containers so can't leak. This is not being pedantic, but a fundamental issue when referring to claims of Statutory Nuisance (EPA 1990) and the like.

In addition, unless he has been up on the roof to inspect it, he can not, and should not have made the definitive claim of stating where the leak was coming from. Does he know that there are no broken tiles, slipped ridge tile or defective flashing? No

Finally, an EHO is not professionally qualified to comment on building structures - unless he also has a qualification in this field

So bear these concepts in mind, and I'll email or PM you a link to a drafted response. If you want an email, then you'll need to PM me an address or email my address in my profile, or profile comments

 

[purposefriend]

Thank you again Woody. My email is: [email protected]

 

[gasbanni]

Personally I wouldn't worry about this, its a party wall is it not ?

The landlord is trying bullying tactics for you to pay for the work, where the neighbors roof abuts the chimney stack its their responsibility.

Have you been inside the neighbors property and seen the damage ?

If its the flashing on the neighbors roof that's failed hows that your problem ?

 

[gasbanni]

ALSO check the deeds !!!!