Who Owns The Chimney

renegadefm

Mistral001, but its not my neighbours chimney, its a shared set up. Its as much mine as his. So I dont get why hes saying its his purely due to me not having fireplaces connected to it anymore.

Like I said I have tried all the other options which has included dozens of builders roofers and I dread to think at what expence, all over a 30 year period. Its not like I didnt try the soft option.

It doesnt seem right that he can prevent me rebuilding the chimney if it means fixing the leak.

In other words his refusal to cooperate is the very thing now damaging my property, and it will only get worse.

Mistral001

The neighbour does not have a problem at the minute. YOU want to demolish their property i.e. their half of the chimney, because YOUR builder has advised YOU that that is what is needed to solve YOUR problem.

renegadefm

Mistral001, I didnt want to knock it down personally, its what is required to fix the leak to my side so the new builder said, and a new chimney built to honour their side. Which would in affect give them a new chimney and would then mean I am surrendering any responsibility to it in the future. Thats how the builder explained it to me.

Thats why the thread is listed as who owns the chimney, because the builder is saying its neither of ours, its both of ours if that makes sense. But in this case because I have the leak, I am funding it. So I cant see why my neighbour is being awkward. It seems they are happy to watch my house slowely deteriorate.

Mistral001

renegadefm wrote: »

Mistral001, I didnt want to knock it down personally, its what is required to fix the leak to my side so the new builder said, and a new chimney built to honour their side. Which would in affect give them a new chimney and would then mean I am surrendering any responsibility to it in the future. Thats how the builder explained it to me.

Thats why the thread is listed as who owns the chimney, because the builder is saying its neither of ours, its both of ours if that makes sense. But in this case because I have the leak, I am funding it. So I cant see why my neighbour is being awkward. It seems they are happy to watch my house slowely deteriorate.

Maybe they have sought legal advice from a lawyer and not a builder.

womble12345

renegadefm wrote: »

Basically any rain has been going down the redundant flues my side as rain goes in where the pots used to be. But putting the pots back isnt an option as we don't use the fireplaces if that makes sense?

So the builder has worked out that rain is going in where the pots used to be so why not just get a builder who can do a better job of sealing this area so it doesnt leak? He could remove the slates and cement that the original builder put on 30 years ago and instead do a better job of sealing it.

Maybe consider getting a 'roofer' rather than a 'builder' as he will be less of a jack of all trades!

renegadefm

Update:
I have some good news,  we invited our neighbour to view the water damage,  and miraculously they have done a U turn on their decision to not allow us to rebuild the chimney,  and have even agreed to it being re-built smaller so as to honour 2 fireplaces their side, which essentially will mean our property won't have any connection in terms of flues or chimney breasts to the new chimney.  And its all being funded by me. 
So technically does this mean once its completed will the chimney ownership automatically be my neighbours, especially as the foundations of the chimney is more on their side anyway,  its just the way the original structural design is. 
I'm curious because if theres any future problems,  ie leaks or anything,  towards my property or theirs who is responsible for any work carried out in the future because I will have already built them a brand new chimney. 

renegadefm

Any thoughts anyone? 

Ectophile

It depends on how far into the future.  After 6 years, it ceases to be your problem because of the Limitation Act*.  So you need to ensure it will last that long.  Some kind of warranty would be useful.

*It's different in Scotland.

renegadefm

EEctophile said:

It depends on how far into the future.  After 6 years, it ceases to be your problem because of the Limitation Act*.  So you need to ensure it will last that long.  Some kind of warranty would be useful.

*It's different in Scotland.

renegadefm

renegadefm said:

EEctophile said:

It depends on how far into the future.  After 6 years, it ceases to be your problem because of the Limitation Act*.  So you need to ensure it will last that long.  Some kind of warranty would be useful.

*It's different in Scotland.

Thanks. Reason I ask is in terms of insurance if another leak occurs in the distant future,  how would I go about claiming if its no longer my chimney. Surely this is complicated and a grey area?