neighbour's chimneystack on our property - demolition query

[Christiaane]

Hello. New to the forum. Here's my dilemma which perhaps someone can help with. We live in a terrace of four three storey adjoining houses. Our next door neighbours' house extends a few feet further than ours to the back. A long disused chimney stack is beginning to detach itself from their gable end - you can see daylight through the gap. Its footprint stands on our property and rises up the outside of their gable end wall. We don't share this chimney. They have agreed to demolish the stack. We have agreed their scaffolding can be erected in our garden to give access to their gable end wall. They will not agree to the complete removal of the entire stack however. My problem is, if I want to complete the job and get my workmen to do that, I'll have to make good their wall - but that seems like a job for the property owner herself. Her refusal to clear the whole stack makes my desire to get my bit of ground back problematical. Can anybody advise me.
Am I being unreasonable to ask her to remove the whole stack? I feel giving access for the scaffolding to be erected is enough to merit her finishing the last four or five foot of the job.
Thank-you for any comment you may have. I had hoped to work with her on this to our mutual satisfaction but she has rather snookered me with her decision and I'm looking for a way to discuss some better options. This way threatens our formerly excellent friendship. I mean I could finish the demolition and leave it to her to make good her wall but it could all be done so much more amicably I'm sure. I just don't know what to do for the best. Any insights? Gratefully received.
Christiaane.

 

[RedHerring2]

Her refusal to clear the whole stack makes my desire to get my bit of ground back problematical.

This, I think, is the crux of the problem.
It's not your ground. By demolishing the whole of the stack does not give you right to own that bit of land.
I can understand why your neighbour wants to retain the last bit of the stack, in order to demarcate the boundary.
You could offer to buy that bit of ground from your neighbour. That might indicate to your neighbour that you fully understand the situation.

You cannot demolish the remainder of the stack, without permission from your neighbour, it's not yours!
If you have permission, get it in writing.

BTW, I suspect that you could not refuse them permission for the scaffold. If it's necessary work, I suspect they could gain a court order forcing you to allow access.

 

[Possel]

Its footprint stands on our property and rises up the outside of their gable end wall.

Do you really mean that their chimney is on your land? Are you sure that is what the deeds show? That seems quite unusual to me.

Perhaps their refusal is based on their belief that it is actually their land (and the above response reasonably assumes it is actually on theirs? If it is on yours, I think you'll need some sound legal advice (which wouldn't help good neighbourly-ness), or else just have you offered to chip in a few quid for its removal while the rest of the work is being done?

 

[mattylad]

As long as the initial problem is resolved then you cannot demand the full stack to be removed.

They can cap the top off and leave the rest of the stack there, who knows a future owner of the property may wish to use the stack themselves and rebuilding just the top would be easier/less costly than all of it.

 

[Christiaane]

Thank-you very much. I hope I'm addressing all the responders in writing this. That's exactly the objectivity I was looking for - it's so easy to get bogged down in this stuff when you don't know the facts from the feelings. I found out only by chance that the work is starting next weekend, without consultation or permission (and the neighbours are going on holiday while it's all going to be happening which rather took me aback.) I realise I can't touch the stack myself because it's not mine to touch but it is a protruding chimney stack which sticks out over the boundary line and doesn't show on the plans.

I had offered to chip in on the costs and will do again - although come to think of it I like the point that it might be wiser to leave it alone for future developers. That's a fair point.

Thank-you again for helping me make sense of all this. I shall think well of my neighbour and we shall come to an amicable resolution.
Merci beaucoup!

 

[mattylad]

I would not chip in, its theirs to repair not yours.

Also any overhang after this time will have a right to be there.

Take pictures now, as soon as you can.

If they are going to be working on your property then you need assurances that they will return it to the condition it is in now and pictures will help prove your case should they make a mess and say it was already like that.
A dated paper in them may help.