Neighbour's chimney above party wall

Ricco

I've spent a fair while searching for the answer to this, but I'm none the wiser. In short:

I live in a 200 year old cottage in Wales. It overlooks the sea and gets a battering from the weather. The problem I have is that during heavy rain I get significant damp in my bedroom, which is in the eaves. During a storm a few weeks ago the damp extended down to a light switch, the paint is now all bubbled up around here. The wall that gets damp is flat, there is no chimney breast. The wall is party with the neighbour. Above this party wall is my neighbour's chimney stack. This stack only serves their property, not mine. I've been on the roof, the flashings between the chimney stack and my roof are in good condition. The chimney stack on the other hand is in poor condition with cracked pointing and vegetation growing at the joint of the stack and the concrete chimney crown. I think this poor condition is resulting in rain entering the chimney and finding its way into my wall. The house next door is tenanted, they are not experiencing penetrating damp.

I'm aware of the concept of party walls, sharing costs etc. The offending chimney stack is built directly above a party wall. However, the stack exists purely for the benefit of the neighbour.

Any thoughts on this, do I have equal responsibility for fixing this?

Jeepers_Creepers

It would appear to serve only your neighb's house alone, but also to be largely 'on' their property? What kind of party wall is it - solid, thick? And where does 'your' side of this chimney lie in relation to that party wall? Does 'your' side of that stack land in the 'middle' of that party wall?

Do your (and your neighb's) deeds say anything about responsibility for this party wall, or the stack specifically? If not, then I think it can be assumed that you are responsible for 'your' side of the stack if it sits on your side of that wall, and they for theirs - which would be most of the stack. In which case, if you have kept your side maintained properly and is in good condition, and they haven't done ditto, then they are responsible for the damage being caused to your house - provided, of course, their dodgy side is the source of your leaks.

In which case, the first thing you do is bring it to their attention; you 'put them on notice' of what's happening, and the damage being caused. You request that they fix it, or else they'll be liable for any subsequent damage caused to your property. It would be reasonable, I think, to not expect them to have to pay for any cosmetic damage caused at the moment, because they were likely unaware of what was happening. However, once PON, they are liable - if it's their responsibility and if they do nothing. 

(If 'structural' damage has been caused to your side, then I understand that's a building's insurance claim you need to make for yourself. Your insurance co can then chase the other party if they want to - that's their call).

The above is my understanding, but should be treated with caution - carry out confirmation.

The first things to do, then, I guess, is (a) check your deeds, (b) get someone out to investigate and trace the source of the leak (could be tricky...), (c) contact you LegProt on your house insurance for advice on how to proceed.

princeofpounds

The disrepair of the neighbour's chimney stack is causing a legal nuisance (assuming you are right in your diagnosis of where the damp is coming from). They become responsible for further damage to your property when they are 'on notice' regarding the damage it is causing and negligent about arranging repair. Before that, they can just claim that they didn't know, and that a reasonable person would not have though the chimney was a problem.

So the first thing to do is to talk to them, over the metaphorical tea and cake, let them know what is going on and ask them in a friendly manner to arrange inspection and repair. But you should also hand them a letter summarising what you say, keep a copy for the record. You can make this look less awkward by things like including contact details for some roofers/builders etc. Also, keep evidence of the current state of damage so you can track any progression.

Hopefully that is enough, and you don't need to involve legal, mediation and/or insurance.

Ricco

Thanks for the replies. Just to add:

The stack appears to be built squarely between the 2 properties (an extremely thick wall). The deeds state that this is a party wall but makes no specific mention of the chimney above it. I would expect that responsibility for maintaining it is shared with my neighbour. However, given that the chimney only serves their property (and always has) I'm trying to establish whether this makes any difference as to who is responsible.

I had a problem with my electrics following heavy rain, the rcd was constantly tripping. An electrician checked the whole installation and found no faults. He advised that damp could have caused this.

I spoke to the other owner last month, following the storm we had. He's a buy to let landlord, lives 100 miles away. While he was sympathetic and intimated he would visit to do works (he's a builder) he said he couldn't come over until covid restrictions are lifted. I told him that covid restrictions do not prevent essential works being carried out but he stuck with his position. I haven't heard back from him since.

Thanks.

George_Michael

When the property was originally built, could it be possible that the chimney did serve both properties and that the the fireplace and breast bags since been removed from one side?
It does seem a big strange that if the chimney is only for the neighbouring property that it comes over the party wall.

Ricco

George_Michael said:

When the property was originally built, could it be possible that the chimney did serve both properties and that the the fireplace and breast bags since been removed from one side?
It does seem a big strange that if the chimney is only for the neighbouring property that it comes over the party wall.

I understand that the property was originally built as a single dwelling. At some point in the dim and distant past it was split into 2. This may explain the rather strange arrangement.

Jeepers_Creepers

An original house, later split makes sense. Could theoretically be a minefield if one party became bolshie - eg if he still insisted the repair cost is even for 'his' side 50:50.

I doubt it'll come to that, tho'. Take LOTS of photos to show that 'your' side is 'good', whereas 'his' side has been neglected.

You spoke to the owner previously about this? Any record of that - followed up by an email or text? In theory, that's him pretty much 'on notice' - he has been made aware.

His C-19 excuse is barlocks, and that's not good as it gives a hint as to what you are dealing with. Hopefully it was just a throw-away comment just to buy himself a bit of time, and not an indication of his general level of 'reasonableness'. He's a builder, for pity's sakes - that'll be a day or two's work at most.

Time to press the issue? Do this by text/email (at least follow up with this if you first call) so you have a record. Polite and factual. Mention the previous time you were in touch; "Further to my earlier contact on the Xth of Y, I need to let you know that the situation has deteriorated even further in my home, with additional water damage being caused to the upstairs room and the house electrics 'tripping' on a regular basis - which Mr Sparky has put down to damp. I have had to isolate the affected circuits, which is a major inconvenience. I request you attend to this now as a matter of urgency as it's almost certain that repair costs are increasing, with the cause being the poor condition of No2's side of the stack. I will be contacting my insurance co, and seeking advice from their Legal Protection facility..." Something like that?

Your call - either sit it out (it's getting drier) or push the issue.

DO YOU HAVE LEG PROT ON YOUR THINGY?! If so, call them for ADVICE.