party wall & confusion over chimney

[Shewsnup]

I have quite a nasty woman who owns terraced hose next to mine, though she does not live there. Even though she caused extensive damp in my house caused by her extension (these are old terraced houses with no damp proof cause on main structure of house) I just found it easier to let her have her way and paid for my own internal damp proof course and redecorating.

However I am having a new roof fitted and wanted the chimney which is entirely on my roof taken down as I do not use it but now find that her tenants do use it, so it has all started again and I really cannot cope with all the stress I went through last year as she is a bully

I have had a letter from her estate agent friend asking for my builder to contact him regarding this work and she has told me that I can do nothing without her permission. i would not just have been able to take it down if it is shared anyway

I have decided to leave the chimney for the sake of peace but does this mean that she should ask my permission if she wants to go on my roof re this chimney that she uses

 

[^woody^]

It would be odd for a chimney to be on your side of the boundary completely, whilst being used by a neighbouring property.

Normally the neighbour would own the part of the stack that has their flue in it, and as such the property boundary would follow this arrangement ie through half the chimney stack

Generally, a person would need permission to work from the other side of a boundary, but could work on their chimney stack from their side of the boundary.

 

[Shewsnup]

Thanks for your reply, yes it is odd that chimney is on my property and not hers. My roof is about 2 ft higher than hers so chimney is completely on my house only. The houses are old and the deeds do not show the boundaries clearly. A surveyor I had last year regarding the damp caused by her extension said that the garden wall was on my property as the end of my house is nearly 2 ft the other side of the wall on her side, he said I could take it further and that he could initiate the proceedings but I did not want to take her on. He thinks some kind of flue must have been inserted into my stack when her house was built as there is only the one chimney. It is very strange