Who owns chimney part (pots etc) on roof?

robinspaul

I am a landlord. I have a semi detached bugalow.
The neighbour who shares the other part of the semi recently told me that they can see water on their wall. They think the water and damp which they see on their wall is due to chimney pots which are just above the roof is leaking.
Chimney pots sit on my part of the roof.

So, the neighbour wants me to fix it. They want me to put some chimney cowl.

But, my tenants can’t see any damp or signs of water on their side of the wall (in my property). So, we don’t have any issue. The issue is within neighbour’s property.

Do I have any legal obligation to put a chimney cowl or fix the chimney leak just because my neighbour is complaining water is coming from my side of the chimney roof?
Thanks

greatcrested

If some part of your property is causing damage to the neigbour's property, then you must repair it.

It's usual for chimney's to sit on the mid-point between two semis, and responsibility is shared, but if the chimney is, as you say, 'on your part of the roof' then it's up to you to fix.

The question is, what is causing the damp? Unlikely a cowl will solve the problem. The amount of water that will enter a chimney via the top where a cowl would go is negligible, so unless the damp is minimal, and only there temporarily after very heavy rain, the cause is probably elsewhere.

You need to inspect the neighbour's damp, along with a builder/roofer, and determine the cause of the damp, before taking responsibility for 'fixing'.

It could be,for example damaged flashing around the chimney, or missing roof tiles. Have you/neighbour inspected the roof properly?

robinspaul

These bungalows were built in 1970. The neighbour says when the property was built the previous owner of the property wanted a fire burner and the neighbour was using only gas. So, they are saying the chimney stack belongs to me and I have to pay to fix it.

I had a second conversation about it and now they are saying it is the FLASHING LED  on their side of the chimney stack WALL is damaged. They are saying the chimney belongs to me, so I have to pay the FULL cost to repair it.

I know that the neighbour has a chimney breast in their living just below the chimney stack though the chimney stack is more to my side of the cavity wall.

Do I have a legal obligation to fix the flashing on their side of the chimney stack to stop the leak? There is no leak. All they are saying is the loft wall just below the chimney stack wall is wet.

They are living in that bungalow for more than 25 years. I bought my bungalow which is attached to theirs only 6 months ago. I don’t know why they left it until now. Hope the previous owner of my property did not agree with them.

All they see is the wall below the chimney stack in the loft is wet. I told them you need to get a roofer to find the cause first and they agreed to that.

If it is flashing led is damaged on their side of the chimney stack, do I have any legal obligation to fix it? Is it not their res

AdrianC

Flashing LEAD... as in the soft, malleable metal, used to prevent water ingress where the roof tiles meet the chimney breast or a wall.
https://en.wikipedia.org/wiki/Flashing_(weatherproofing)
Not as in a light-emitting diode that blinks intermittently...

Let's see a photo of the property, with the party wall between the two marked up relative to the chimney position.

davidmcn

AdrianC said:

Flashing LEAD... as in the soft, malleable metal, used to prevent water ingress where the roof tiles meet the chimney breast or a wall.
https://en.wikipedia.org/wiki/Flashing_(weatherproofing)
Not as in a light-emitting diode that blinks intermittently...

To be fair, flashing LEDs on the roof can annoy the neighbours too.

AdrianC

davidmcn said:

AdrianC said:

Flashing LEAD... as in the soft, malleable metal, used to prevent water ingress where the roof tiles meet the chimney breast or a wall.
https://en.wikipedia.org/wiki/Flashing_(weatherproofing)
Not as in a light-emitting diode that blinks intermittently...

To be fair, flashing LEDs on the roof can annoy the neighbours too.

But they're a lot less likely to insist on them being fixed...

sheramber

Are there two chimneys- one for each bungalow or only one for you?

Nebulous2

What do your deeds say? I’ve seen a house split into two flats, where roofs, drains walls etc were a joint responsibility, but each owner was responsible for their own chimneys. 

Doozergirl

I've worked on houses, with party wall agreements, where the stack is on one side. 

The parts of the chimney that affect next door, their flue and pots etc, are still theirs, not yours.  Anything attaching into the party wall on their side is also theirs to maintain.   

The caveat to that is that the general condition and maintenance items often affect both sides at the same time and it's sensible to share.  

Imagine, though, if you just decided to remove the stack because it was on your side - you'd be in big trouble for removing 'their' chimney and would have to replace it!  It can't go both ways that you can own it but also never be allowed to remove it.  

I disagree with anyone saying that it's yours on the assumption that the party wall is straight.  There's no rule that says a party wall has to be straight and they aren't, especially within a chimney breast. 

greatcrested

robinspaul said:

These bungalows were built in 1970. The neighbour says when the property was built the previous owner of the property wanted a fire burner and the neighbour was using only gas. So, they are saying the chimney stack belongs to me and I have to pay to fix it.

It is irrelevant who wanted what heating system. Exactly where is the chimney? Have you compared the Title Plans for your and the neighbour's properties, and then compared against the actual construction?

Is the chimney

a) on your property?

b) on the neigbour's property?

c) on the midpoint above the (shared) party wall?

I had a second conversation about it and now they are saying it is the lead FLASHING LED  on their side of the chimney stack WALL is damaged. They are saying the chimney belongs to me, so I have to pay the FULL cost to repair it.

Does "on their side", mean on their side of the chimney which is located on a) above, or "on their side" of the boundary/midpoint  ie c) above?

I know that the neighbour has a chimney breast in their living just below the chimney stack though the chimney stack is more to my side of the cavity wall.

You need to be more precise about the exact location of the chimney. Whose property is it on? Fully or partially?

Do I have a legal obligation to fix the flashing on their side of the chimney stack to stop the leak? There is no leak. All they are saying is the loft wall just below the chimney stack wall is wet.

Impossible to answer till we know who owns the chimney which is unclear.

They are living in that bungalow for more than 25 years. I bought my bungalow which is attached to theirs only 6 months ago. I don’t know why they left it until now. Hope the previous owner of my property did not agree with them.

Irrelevant

As suggested,photos of the front of the properties, showing the chimney, would help.

And you need to download the 2 property Title Plans here.

robinspaul

Three of the walls of the chimney stack walls is on my roof and the 4th one is on top of the party wall between my bungalow and the neighbour's bungalow. 

I don't have a photo of it. It is a rental property and not close to my house. 

What the neighbour is complaining is the flashing from the chimney stack wall above party wall is damaged and that is why they see water on the internal party wall in the loft.

I can see their TV antenna is attached to the chimney stack wall on their side (above party wall) and cable running to their property from there. If they think it is my chimney stack, then I don't know why they have their TV antenna on the chimney stack.

What I am thinking is the flashing just above the party wall is part of their ceiling and they are responsible to replace it. Please correct me if I am wrong.

Thanks