Shared Chimney Repair

kimber95s3

Hi all, This is my first time posting on here but I need some help and hopefully can share some experiences.
I had a chimney fire back in October 2019 and currently in the process of claiming through the house insurance. The builders have advised to have the entire chimney stack rebuilt, however I am in a terraced house with a share chimney. I am a home owner and our neighbour is with a housing association. My insurers Admiral claim they are only liable to pay half of cost, then telling me I need to get the housing association to pay the other half. I got in touch with the housing association which they are telling me they are not liable. Im searching through my land registry deeds and nothing here indicates about ownership of the chimney. Being a shared chimney in a terrace block I presume it's 50/50 ownership. So How do I go about finding out whos liable and who owns the chimney? I just feel very stuck now and niether of them are being helpful!!
Any advice welcome and grately appreciated.
Thank you  

Update...I found my deed and it says:
"Jointly with the owner or owners for the time being of the adjoining property or properties to maintain in good repair and condition the party walls or wall dividing the property from the adjoining property or properties and to bear one half of the cost of repairing the said party walls or walls" 
"Jointly with the adjoining owner or owners for the time being entitled to like rights to maintain good repair and condition the right of way coloured blue on the said plan together with any entrance gate thereto and such channels drains pipes eaves gutters fall pipes sewers wires conduits flues and chimneys as are shared with the adjoining property or properties and to pay a fair proportion of the costs arising therefrom"

This is a lot of words!! but I read that's is shared ownership therefore, the housing association are responsble for half? 

renegadefm

I actually am in the same boat. I didnt have a fire, quite the opposite, we suffer a leak from the once shared chimney and to fix the leak the chimney needs to be knocked down and re-built.
At first my neighbour who also shares the chimney didnt want the chimney knocked down claiming it was his due to the fact I took out my chimney breasts about 30 years ago, so his view is I surrendered ownership of it back then. But I assured him that it will be all funded by me as I am the one requiring it to be replaced in order to cure the leak. 
Well it turns out he has now agreed to have it done as we invited them in to view what damage its causing. 
I was fearing it was going to get ugly and court action going to take place, because I initially reached a stalemate, but desperately needed the work carried out. 
In your case I am assuming because its you that needs the work done and not your neighbour I hate to say it but I'm thinking your liable for the bill for the repair work not your neighbour. Hence the complication over insurance. 
It might boil down to you footing the other half of the bill and insurance pay the other half if you compare it to my situation. 
To be honest these situations must be common, so it might be best to seek legal advice if your still unsure. Something like citizens advice. Hope that helps. 

Ectophile

They are working on a very sound principle used by many large organizations.  If someone asks you for money, just say "no".  Very often that person will give up and go away.

If you actually want them to pay half, then you may have to push the matter.  Don't expect them to be cooperative; they are trying to save themselves money.

markin

The builders have advised to have the entire chimney stack rebuilt

And what have the insurance surveyor said? A rebuilt sounds a bit drastic to me.

Has it been sweeped and camera inspected?

renegadefm

The heat from the fire can weaken the structure of the chimney,  hence why the builders have said it needs to be rebuilt most likely. 

kimber95s3

I forgot to mention that a couple of days before the fire. we had stormy weather which damaged the chimney (obviously I can't prove the weather) We have our chimney swept every year but obviously this has happen afterwards. No surveyor involved as of yet or legal advice. but by the time I get these invovled, I may as well foot the other half of the bill. It's just more principle. I knew this wasn't going to be easy and I know asking others for money would be a big fat no but I'm sure if the shoe was on the other foot they would soon be asking me for the other half. It's just very frustrating after living their for over 20 years.
Admiral did send me a letter "The housing association are responsible for the remaining half as it is a shared chimney.

They do not have the grounds to hold you purely responsible for the damage to the chimney considering that the circumstances were accidental and were due to no negligence from yourself."
I think I might have to go to citizen advice.
I am just baffled as to why this is such a common problem and yet it still remains a very grey area.

renegadefm

kimber95s3 said:

I forgot to mention that a couple of days before the fire. we had stormy weather which damaged the chimney (obviously I can't prove the weather) We have our chimney swept every year but obviously this has happen afterwards. No surveyor involved as of yet or legal advice. but by the time I get these invovled, I may as well foot the other half of the bill. It's just more principle. I knew this wasn't going to be easy and I know asking others for money would be a big fat no but I'm sure if the shoe was on the other foot they would soon be asking me for the other half. It's just very frustrating after living their for over 20 years.
Admiral did send me a letter "The housing association are responsible for the remaining half as it is a shared chimney.

They do not have the grounds to hold you purely responsible for the damage to the chimney considering that the circumstances were accidental and were due to no negligence from yourself."
I think I might have to go to citizen advice.
I am just baffled as to why this is such a common problem and yet it still remains a very grey area.

I am baffled too mate because I'm sort of going through a simular problem. But there must be millions of middle terrace houses with shared chimney set up. Did you check out my thread? 

kimber95s3

renegadefm said:

kimber95s3 said:

I forgot to mention that a couple of days before the fire. we had stormy weather which damaged the chimney (obviously I can't prove the weather) We have our chimney swept every year but obviously this has happen afterwards. No surveyor involved as of yet or legal advice. but by the time I get these invovled, I may as well foot the other half of the bill. It's just more principle. I knew this wasn't going to be easy and I know asking others for money would be a big fat no but I'm sure if the shoe was on the other foot they would soon be asking me for the other half. It's just very frustrating after living their for over 20 years.
Admiral did send me a letter "The housing association are responsible for the remaining half as it is a shared chimney.

They do not have the grounds to hold you purely responsible for the damage to the chimney considering that the circumstances were accidental and were due to no negligence from yourself."
I think I might have to go to citizen advice.
I am just baffled as to why this is such a common problem and yet it still remains a very grey area.

I am baffled too mate because I'm sort of going through a simular problem. But there must be millions of middle terrace houses with shared chimney set up. Did you check out my thread? 

Yes I saw your thread breifly, I'm going to read it properly over the weekend. Again makes no sense especially when you were willing to pay for your neighbours half as well and doesn't really affect your neighbour but I'm glad they saw sense in the end!! It's a hard battle for me but I'm very determined!!  

Melanie1972

kimber95s3 said:

renegadefm said:

kimber95s3 said:

I forgot to mention that a couple of days before the fire. we had stormy weather which damaged the chimney (obviously I can't prove the weather) We have our chimney swept every year but obviously this has happen afterwards. No surveyor involved as of yet or legal advice. but by the time I get these invovled, I may as well foot the other half of the bill. It's just more principle. I knew this wasn't going to be easy and I know asking others for money would be a big fat no but I'm sure if the shoe was on the other foot they would soon be asking me for the other half. It's just very frustrating after living their for over 20 years.
Admiral did send me a letter "The housing association are responsible for the remaining half as it is a shared chimney.

They do not have the grounds to hold you purely responsible for the damage to the chimney considering that the circumstances were accidental and were due to no negligence from yourself."
I think I might have to go to citizen advice.
I am just baffled as to why this is such a common problem and yet it still remains a very grey area.

I am baffled too mate because I'm sort of going through a simular problem. But there must be millions of middle terrace houses with shared chimney set up. Did you check out my thread? 

Yes I saw your thread breifly, I'm going to read it properly over the weekend. Again makes no sense especially when you were willing to pay for your neighbours half as well and doesn't really affect your neighbour but I'm glad they saw sense in the end!! It's a hard battle for me but I'm very determined!!  

What HA is it that owns the house next door?  I can ask someone I know who works in the industry (regarding liability).  He might be able to suggest a few 'constructive words' that might make them sort their lives out.  He has to deal with stuff like this on a daily basis.

kimber95s3

Melanie1972 said:

kimber95s3 said:

renegadefm said:

kimber95s3 said:

I forgot to mention that a couple of days before the fire. we had stormy weather which damaged the chimney (obviously I can't prove the weather) We have our chimney swept every year but obviously this has happen afterwards. No surveyor involved as of yet or legal advice. but by the time I get these invovled, I may as well foot the other half of the bill. It's just more principle. I knew this wasn't going to be easy and I know asking others for money would be a big fat no but I'm sure if the shoe was on the other foot they would soon be asking me for the other half. It's just very frustrating after living their for over 20 years.
Admiral did send me a letter "The housing association are responsible for the remaining half as it is a shared chimney.

They do not have the grounds to hold you purely responsible for the damage to the chimney considering that the circumstances were accidental and were due to no negligence from yourself."
I think I might have to go to citizen advice.
I am just baffled as to why this is such a common problem and yet it still remains a very grey area.

I am baffled too mate because I'm sort of going through a simular problem. But there must be millions of middle terrace houses with shared chimney set up. Did you check out my thread? 

Yes I saw your thread breifly, I'm going to read it properly over the weekend. Again makes no sense especially when you were willing to pay for your neighbours half as well and doesn't really affect your neighbour but I'm glad they saw sense in the end!! It's a hard battle for me but I'm very determined!!  

What HA is it that owns the house next door?  I can ask someone I know who works in the industry (regarding liability).  He might be able to suggest a few 'constructive words' that might make them sort their lives out.  He has to deal with stuff like this on a daily basis.

It's Magna Housing Association Ltd, based in Dorset. That would be amazing, thank you Melanie1972