Chimney ownership percentage

Mr223399

Hi! 

We’re currently having issues with our neighbours on the percentage of ownership over a shared chimney stack. 

Bit of back story:

We bought our house a month ago and during this process we had a Level 2 RICS home survey done that picked up an issue with the shared chimney stack. The surveyor noted poor conditions to the neighbours side of the chimney (ours is in good condition) this is letting water ingress into our loft. We had a damp specialist do a further survey into this issue who also confirmed the same cause. Their remedy is to render the stack in full with waterproof render. 

Obviously this requires permission with the neighbours to carry out this work and hopefully come to a financial agreement to share the cost of repairs. 

The neighbours are now claiming that we actually own 2/3 of the chimney and it’s not a 50/50 shared responsibility. (They’ve provided no proof of this). I’ve had a look at our title deeds and found this section which mentions responsibility of repairs (see below)  Although the chimney stack isn’t directly mentioned, it does mention party walls. Am I correct in thinking if a chimney stack sits on a boundary wall (which it is) then it’s classed as a shared structure and part of a party wall. 

“That the Purchaser his heirs and assigns shall and will at all times hereafter pay or contribute an equal share with the owners or occupiers for the time being of the adjoining or contiguous premises of the expenses of repairing supporting and keeping in good order and condition to the satisfaction of the Directors of the Company or their Surveyor for the time being all party walls and party fences and an equal or proportionate share with the owners or occupiers for the time being of the other sites on the said building estate (according to the size of their respective sites) of the expenses of repairing supporting cleansing maintaining and keeping in good order and condition to the satisfaction of the Directors of the Company or their surveyor for the time being all party walls and party fences and all sewers drains watercourses roads…” 

Brie

I'd be showing this to the neighbour and ask if their documentation says something different.  And then decide how much each might pay.

There are a couple of problems - do you want to be in a dispute with your neighbour?  And whatever the problem with the chimney is it causing them any issues?  

If it's only you being affected then maybe it will be down to you to fix without any contribution from them.  Or maybe you accept a lesser contribution while specifying that you do not accept that there's less than 50/50 ownership.  

MysteryMe

As suggested I'd politely show them the deeds and ask them if they have anything that says 2/3rds.

However the bottom line is you need the chimney sorted as it is affecting your property. So unfortunately you are not in a great position if they refuse to be 50/50 unless you want to go down the dispute route and having only moved in, you may not want to do that.

I'm not a roofer but it may well be affect theirs too if not now but in the future. They may not yet aware they have water ingress into their loft, so you could mention that as a reason to have the work done.

If they still maintain it's 2/3 then try and get a third from them. The fact they have mentioned 2/3 suggests they are willing to pay a third, they haven't just turned around and said not interested go away. 33% is not as good as 50% but it's a better than 0%

If you end up having to pay for scaffolding use it as an opportunity to do any work on upstairs windows/guttering etc that may need addressing.

bjorn_toby_wilde

Just a comment on the original cause of the issue. You mention a damp specialist and their solution. Have you asked a good local roofer?

That would be my first port of call.

My son had a similar issue to you which involved rebuilding the top 4 courses of brickwork on the chimney and reflaunching the chimney pots. It was a party wall, equal portion of chimney on each side. 50:50 split of costs with the neighbour.