Neighbour's chimney leaking into my house

Hi
My neighbour's chimney is in poor state of repair and needs repointing, replacement flashing, or removing.

This chimney does not serve my house, but as we are terraced, it straddles onto my roof.

I have asked them to repair it or remove the chimney as they don't use it but their response is that it is the flashing on my side of their chimney, therefore my responsibility to fix.

I'm not sure how they can conclude this due to the general poor state of repair it is in overall.

If it is the flashing on my side or their chimney, is it my responsibility to fix?

Any advice would be appreciated.

Many thanks

 

I'm not sure how you stand but if it's a new installation you may be able to talk to the governing body. If it's solid fuel I think it would be Hetas you contact

 

It is very unusual for chinmeys to be as you describe. Are you sure?

Have a look on Google maps/satellite.

 

It happens. with older property's

 

Yes absolutely. It's normal in Lincoln terraces. We've also had a roofer go up and have a look. My problem is that they are saying because although it's their chimney but the flashing on our side, I'm responsible. Roofer agrees with us but they won't budge saying their roofer says it's our problem. I've taken a screenshot from Google maps but it shows the chimney on the roadside, it's actually the one on the other side of the roof that's causing issues. The left hand chimney serves our property. One on the front and one on the back.

 

Poppy is it a solid fuel fire

 

The neighbours fireplace has been boarded up and plastered over. There is the chimney breast but the fireplace is no longer visible. It would have been an open fire, as they all were.

 

Poppy14, good evening.

How about you making an Insurance claim? why, because the Insurance Surveyor should?? [with appropriate "priming" ] / could result in a report from the insurer stating that the chimney is in need of repair, not just the flashing on your side of the chimney??

OK the heading to this post states the neighbours chimney head is allowing rain water into your property, are there any stain marks on ceilings? or is there any wood rot damage within the roof space? if so then the Insurance may be an option, in that, the Insurer can seek a [so called] Recovery of your insurers outlays needed to repair your property.

Ken

 

Even if you dont go down this route, its a good leverage point. You can tell them you are claiming on the house insurance and an assessor will decide which insurer pays.

Although it will mean your premiums will go up a bit, it seems a good way to move the disagreement between you and the neighbour.

They obviously have no intention of being helpful -a decent neighbour would deal with it -making the chimney good and redo the flashing and maybe splitting the bill accordingly.

 

That looks very odd!, have you got the whole chimney running on your side of the boundary, in your rooms?.

What do the deeds say?.

 

If you are certain that the damage is on his side then you have a legal remedy in form of a claim for damages due to trespass. He does not have a legal right to discharge water on to your property and therefore you can seek damages for the remedy.

 

Just pay for the fix, then if they dont split the cost, are they nice enough neighbours to stand that cost?

If not I would move.

 

This situation is not abnormal, in Lancashire thousands of terrace houses have chimneys that are within both properties.
Mine included, in order to go on their side and point it Id need to arrange it with the neighbor.

 

It looks like the chimney is wholly in the OP's property though!.

Ours are split right down the middle (luckily).

 

Are you saying that the OP has shallow alcoves in his loft, bedroom and downstairs room caused by the neighbour's chimney?