Neighbours chimney repair - responsibility

chaotic_j

Hi,

In a Victorian terrace where we are on one end and next door has a chimney on their side of the party wall between us, which serves only their property.

Who is responsible for the pointing of the chimney structure to the area on our side? i.e. where the stonework is above the roof.

Who is responsible for the flashing on our side?

I'm not sure what the legal or otherwise commonly accepted position is?

Thank you.

ThisIsWeird

A bit tricky. How accurately can you define the 'boundary'?

From what you say, tho', this stack serves only their property, so I'd suggest that everything to do with it is also their responsibility. And that includes any adverse effect it has on yours.

Perhaps a way to think about it: say there was no stack in your terrace. One neighb then decides to have one fitted. Who should be responsible for any subsequent negative impact on the fabric of the terrace from this installation? Surely only that person?

Do I take it there's an issue with the flashing on your side?!

Do you have Leg Prot included in your house insurance? Cool! Well done - call them up for guidance.

Doozergirl

ThisIsWeird said:

A bit tricky. How accurately can you define the 'boundary'?

From what you say, tho', this stack serves only their property, so I'd suggest that everything to do with it is also their responsibility. And that includes any adverse effect it has on yours.

Perhaps a way to think about it: say there was no stack in your terrace. One neighb then decides to have one fitted. Who should be responsible for any subsequent negative impact on the fabric of the terrace from this installation? Surely only that person?

Do I take it there's an issue with the flashing on your side?!

Do you have Leg Prot included in your house insurance? Cool! Well done - call them up for guidance.

Not correct.  It's the party wall of a terrace. 

Unless the OP is perfectly happy that the rest of their internal walls belong to the neighbour and they need to seek permission to hang anything on the wall, (including their own plaster, joists and other walls using it as support) the pointing is the OP's responsibility, as is the flashing.

Half the thickness of the party wall is the OP's land.  Even if next door were a full storey higher, it's the OP's to maintain or even build off. 
 

If there was no chimney then the neighbour would need a party wall
agreement to build it, to which the OP could refuse to have it on their side of the boundary. Then it would be the neighbour's wall.  

ThisIsWeird

I stand corrected. But surprised.

From what I understand, this stack is effectively entirely on the neighb's side of the boundary line. It has nothing 'to do' with the OP's house. The OP's side of the chimney presumably 'touches' the boundary line.

In the case of a garden wall or fence, built - as they 'should' be, and mostly are - fully on the owner's side of the boundary, but 'touching' the boundary line, the 'touched' neighbour not only has no responsibility for its maintenance, but actively shouldn't touch it.

Doozergirl

ThisIsWeird said:

I stand corrected. But surprised.

From what I understand, this stack is effectively entirely on the neighb's side of the boundary line. It has nothing 'to do' with the OP's house. The OP's side of the chimney presumably 'touches' the boundary line.

In the case of a garden wall or fence, built - as they 'should' be, and mostly are - fully on the owner's side of the boundary, but 'touching' the boundary line, the 'touched' neighbour not only has no responsibility for its maintenance, but actively shouldn't touch it.

If it was over the boundary line of the party wall then of course it would be the neighbour's but it would also be visibly stepped in from the party wall and I'm not sure the question would be being asked.  It's a terrace house so the party wall is inadmissibly present, a boundary wall is unlikely.  

If the stack is a continuation of the party wall, then the OP's side is the OP's side.  The boundary is inside the wall.  

No doubt the same occurs/occurred with the OP's chimney on the other side.  

chaotic_j

Hi @ThisIsWeird some pointing is missing on the side of the stack facing us. The flashing I am led to believe may be ours as it's purpose is to flash our roof. Don't think there is an issue with it but looks like a poor job.

I don't have legal protection, I could get some free legal advice but thought that this question must surely come up a lot considering the number of terraced properties in this country?

Interesting @Doozergirl so is half the thickness of stonework on our side effectively ours? Not half the whole stack though? It has been 'repointed' by next door but very badly. Some pointing still missing and badly applied in cement which will cause the stonework to hold water and further deteriorate.

This also raises another interesting question. The back of our house extends further than next door, so in next doors yard is a large 2 story wall belonging to our house. It's basically the wall of our utility downstairs and toilet/bathroom upstairs. Is it their responsibility to keep this maintained as it's a party wall?

ThisIsWeird

Sorry, Chaotic, but I can only speculate as I don't know enough about such issues.

I would suggest that the entirety of your extension wall is yours to maintain, as it comes up to the boundary line but does not cross it. Yes, it is/would be considered a 'party' wall, but only as soon as the other party - your neighb' - became involved with it, as in, say, wishing to build to/against it. 

You can insist on access to maintain it if needed, but not for them to maintain it. By the same token, they shouldn't attach anything to it without permission.

That's my understanding.

ThisIsWeird

'Gardenlaw' is a good forum website for such Q's. Worth posting there too?