Who owns chimney part (pots etc) on roof?

hazyjo

So they say it's your responsibility, you say it's theirs.

Already said what I think.

Or you could pay someone to make the decision (solicitor? Surveyor?) possibly resulting in a neighbour dispute. Up to you 🤷🏼‍♀️

Keep_pedalling

robinspaul said:

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.

The flashing may overhang their roof but it is physically attached to your chimney. Also if water is getting in via the flashing there is every chance it is getting in at some point other than than the flashing on their side. Where the water gets in does not necessarily correlate to where it emerges.    

greatcrested

The picture does not help much. It needs to show the front of the properties to give better indication of where the boundary is.

And you also need to look at the Title Plans as suggested. These would have been sent to you ny your conveyancer before you purchased, and if you chucked them away you can buy replacements instantly for peanuts.

Jeepers_Creepers

Assuming it is as Robinspaul says - the stack is fully on his property - then I suspect he's on a hiding to nowhere trying to insist the flashing is the neighb's issue.

Unless the deeds state that it is. But I doubt it will.

Robinspaul, this is your stack and your stack only. You neighb doesn't have a stack. The only reason there is an issue with the flashing on your stack is because your original owner insisted on having a stove in their house. That's fine - stick a stack up there. But don't then expect the neighb to have to cope with additional repairs as a result.

How would you feel about this if the properties were reversed; your house is suffering from water damage due to something your neighb had built that has no bearing or advantage to you. I'd be pretty cheesed off. Doubly so if the neighb then insisted I pay for repairs to his chimney. How about you?

If this were a shared stack, that would be different. But it isn't - it's entirely yours.

If it'll make you feel better, you can cut down the neighb's aerial...

robinspaul

I had a look at the title plan.
It does not give any idea other than a red box around the boundary of the property.
I am NOT trying to run away from my responsibility. I am trying to understand the truth.
Due to following reasons, I believe it is a SHARED chimney stack:
1. Though 3 walls of the stack are on my roof, the 4th wall is on the cavity wall which is shared by the neighbour
2. Neighbour has a chimney breast, where is it connected to. I believe it is connected to the same stack.
3. If it is not owned by both properties then, why is the TV antenna of both properties are on the chimney stack. 
4. I could not find anything in the deed about the chimney stack.
I am waiting for the neighbour to tell me what they think.

anselld

re (2), there is only one chimney pot, hence only one flue.   Two chimneys would not share a single flue.  So the neighbours chimney breast may be entirely decorative.

robinspaul

Thanks anselld.
Good point. If the neighbour agrees it is completely my chimney then I will remove it completely to avoid any future issues.