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Who owns chimney part (pots etc) on roof?

2

Comments

  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 31 December 2020 at 7:09PM
    You haven't told us what the title plans say yet or posted a photo.
    PS - Google Street View is a thing...
  • anselld
    anselld Posts: 8,708 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Even if it is your chimney stack (probably shared as above) the lead flashing still forms part of their roof so it is for them to fix.
  • 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.

    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.
    A photo and sight of the Plans would help.
    Hhowever, based on what you say above, the 4th side of the chimney is shared, and the flashing connecting that side of the chimney to their roof, is theirs.
    The fact that they are using the chimney as if it were theirs adds weight to this claim (unless they asked for, and you gave them, permission to erect their antenna on your chimney - did they/you?)


  • I bought the property a few months ago and waiting for the documents.
    If the neighbour is not accepting my argument then I will download the deed from Land Registry.
    But, I don't think it is going to give any idea about who owns the chimney stack.
    This is a photo of the stack. The left hand side roof is the neighbour's roof.


  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 1 January 2021 at 8:21PM
    But, I don't think it is going to give any idea about who owns the chimney stack.
    Well you won't know until you check. If this is bothering you why not just read them now? It will cost you £12 for both plans and both sets of deeds and you'll get your PDF copy in seconds.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I bought the property a few months ago and waiting for the documents.
    Surely your solicitor (and you) saw the documents during the conveyancing process? They're not some sort of surprise which appears months after completion.
  • hazyjo
    hazyjo Posts: 15,475 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 January 2021 at 10:38PM
    My next door neighbour pointed out a weed growing out of my side of a joint/shared chimney. He's trying to sell their house. I could have started saying about it being a shared chimney and split the cost, but the price was less than £100 - bloke with a ladder, some weed killer and a small amount of rendering.

    If you're likely to fall out over this, might I suggest this being one of those times when you just swallow it. And yes, I am usually someone who cuts their nose off to spite their face. If it makes you feel better, do it and say 'oh, btw, we fixed that little chimney job for £100 (or whatever it costs), but don't worry about paying half or anything as I know money's tight for some right now'. There. Sorted. And he can squirm or feel awkward to boot.
    2024 wins: *must start comping again!*
  • Keep_pedalling
    Keep_pedalling Posts: 22,021 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    From the photo, the stack would appear to serve just a single fireplace in your property. If that fireplace is redundant, I would seriously consider having it removed entirely. If that chimney is causing the water ingress to your neighbours house at some point it is going to effect your property, so you would be better to act sooner than later.
  • sheramber
    sheramber Posts: 23,595 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    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 did ask earlier if there were 2 chimneys or just one as the above indicates that the neighbour didn't need a chimney.
     if it is the case that there is only a chimney for the OP's bungalow then surely  it  his responsibility to repair it.

  • Neighbour says the issue is not the actual chimney stack. It is the FLASHING LEAD which is attached to the the side of neighbour's property. I believe the flashing lead is part of neighbour's ceiling and so it is their responsibility to fix the flashing.
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