Please help - adjoining neighbour has taken chimney stack down without informing me

chocolateflake

:mad:

I recently moved from Surrey to Devon for ill health retirement and some peace and quite. Moved into my terraced house only last November and i was sitting in the garden relaxing last Friday when a load of scaffolding started being put up around the back of the neighbours roof. We have a party wall and aprox 5ft of his property is actually on my land and so this scaffolding completely overlooks my back garden. Don't have a problem with that: BUT Monday morning I am up in the loft conversion office and I have the velux window open which is right next to the chimney stack when i hear the builders discussing knocking the stack down! I dash downstairs and call up to them, telling them my multi fuel burner is using that chimney!! They get all lairy (sp) and say, 'well if you want this stack rebuilt you are going to have to share the cost'. I am furious as i am unwell and fighting with my ex-employers for my pension, so at present have no income.
This whole week has been a nightmare: today they started knocking down the chimney stack as it was in a bad way and they say dangerous.... the owner of the property (he rents it out) has said he will rebuild if i pay half and put a flue liner in as for some reason there isn't one at present....I agree with this and his builders are very reasonable and said the rebuild will only be £400 for my bit.
Today, the builder goes out to get the flue liner and parts and comes back 3 hrs later and from a previous quote of around £300...he produces another for £979!

The whole thing has been so dangerous because loads of masonry fell from the roof into my garden today and a 6ft plank fell from the top too, which would have killed one of my cats if it had landed on them...and done me some damage too.
What do i do tomorrow morning. I am not a spring chicken but look young for my age and they clearly think I am putting it on about my health condition. I just feel so ill over all this.
If i was a big 6ft bloke, they wouldnt have dealt with things this way I am sure!

chocolateflake

Just to confirm at no stage did my neighbour notify me of any work being carried out at his property and he says I shouldn't have my stove connected to his chimney??? There are 4 pots on the stack and my stove only uses one of them.

dgtazzman

Can't be of much help, but if it was me, I would refuse to pay a penny till you can all sit round a table and discuss this properly. I'd also get some advice from Cab or a solicitor on the matter. Sounds like the neighbour and his builder think they have found a chump they can usevto part-finance their project. Whatever you do, don't give the builder your credit card details.

I'd also be tempted to get a builder of my own in for a second opinion/quote.

elsien

Does your home insurance cover legal advice?
The builder is bullying you. Don't give any credit card details or pay/agree to anything until you find out exactly where you stand.

LondonGal

I agree you don't pay a penny. Are you mistaking an estimate and a quotation? This needs to go to someone who knows your legal position. Your neighbour cannot just start joint work without consulting with you.

Re your chimney, it is not fo them to say they are going to cap it, it is not your neighbour's to cap. You must be left in a position where your fire is safe (and a safety certificate issued?) to avoid carbon monoxide poisoning cutting short your retirement.

wwtrend

I agree under no circumstances do you give your credit card details.
Speak to CAB . Find your household insurance to see if it covers legal cost. Speak to you local councillor and ask for help. Does this work need building inspection? Try writing to Dom Littlewood at the BBC and get media involved. Both your neighbour and the builder are in the wrong but they don't care. This could affect your health if you don't get help. Do not get bullied here.

I_have_spoken

What you need is an Party Wall injunction issued by the Courts before the BH weekend to stop them doing more damage.

This may be an instance when a 'no win, no fee' lawyer could help until you can appoint a third party wall surveyor as you'll want to recover Court costs from the neighbour

chocolateflake

The chimney flue fitter is a reputable builder around here apparently and he has written down all the parts with prices attached. He was going to phone me when he got to the shop/suppliers and hand me over to them, but don't worry, i am not going to do anything until i've phoned my house insurance.

Also going to phone building control at council..

AlexMac

Google 'Party wall agreement' and I'm sure you'll find that your neighbour is seriously flouting the law here; failing to give you (2 months?) stautory notice, failing to pay to appoint a specialist surveyor accountable to you to protect your interests.... Doesn't matter if the developer has got the Council in hos pocket (which I doubt, and in any case, you may have a new Council this morning after last night's votes are counted?).

Good luck... Don't let the bedsteds grind you down! The only good news is that as this is a Developer, you don't have to actually live next to the inconsiderate sud!

[Deleted User]

According to http://www.theguardian.com/money/2013/mar/14/home-extensions-plans-party-wall

you can apply for a party wall injunction and have the neighbour pay for it.

moneyistooshorttomention

Personally, I would be officially notifying them in writing that I had a woodburner stove and it needed its chimney because (and specify why).

I would then remind them they had "a duty of care" to me to ensure that my stove could continue to get its air supply from a chimney and make it plain that they would be responsible if I suffered from carbon monoxide poisoning as a result of them blocking up my chimney.

I don't think they would fancy being on the receiving end of a solicitors letter from an irate relative saying words to the effect of "You killed my mother/sister/etc and you are about to be very sorry for that" phrased in suitable legal language.

Legal claims for health damage (or death) have a "clock that starts ticking" as at the point at which the person doing the damage to someone else's health could reasonably be expected to have known. That letter will provide proof of the date at which they knew...

At that point, you might find them offering to pay all the cost of the work after all, in order to ensure they couldn't possibly damage your health.