I need help

Section62

https://forums.moneysavingexpert.com/discussion/comment/82019230#Comment_82019230

Builder mentioning party wall act and extra costs for the OP mother.

Then saying it's only her mothers side of chimney causing water damage.

Yes, not easy to follow, but I think what the neighbour's builder was saying was the chimney (as a whole) was defective and there is water damage on the neighbour's side. I'm not sure they were initially asking the OP's mum to pay anything, they only wanted to talk about doing the work.

Unless there is a dividing parapet wall it is unlikely that working only on the neighbour's side would cure the leak (wherever it is) so the builder anticipates having to do some work on the OP's mum's side.

I don't think they are saying the leak is only on the mum's side.

Which means they need co-operation, and possibly agreement for the OP's mum to pay part of the costs. Failing that, the neighbour goes down the PWA approach which will increase costs, some of which - even if the leak isn't on the mum's side - would normally be payable by the OP's mum.

Does that mean if the OP takes down the chimney that a party wall agreement will have to be made.

Yes.

Heedtheadvice

Section62 in my opinion is giving you good advice.

Booboo also is correct suggesting that your mum should get insured asap and further include legal protection as an addition if that is an option. The insurance will not cover the historical neglect of maintenance that there clearly is if weeds are evident.

The suggested approach is good as is not using AI assisted communication as, whatever your reason for doing so, it comes accross very badly. If your neighbours Landlord is in the USA and has appointed a letting Agent then you should really be dealing with them.

It is very understandable that things like insurance might have lapsed as bereavement can be awful, but you are now able to assist getting things sorted. You may need to get a letter of authority from your mother to act on her behalf as it isn't your property even though you have an emotional and practical interest in it. Maybe get Power of Attorney, soon, if you do not have that already

Now that the circumstances of your mum's property have changed ( not least who is resident) do make extra sure that the insurance application question and conditions are answered truthfully and in full.

When one has a mortgage the lender makes having insurance a condition to protect their interests. Your mum should protect her own interests ( and maybe yours too ) by being insured. All this assumes, I hope correctly, that she has inherited the property and is therefore the legal owner.

All these things cost but are there to protect and manage interests.

Boohoo

Just to add not having insurance and something bad happens to the house and becomes destroyed or uninhabitable your mother, you and partner and kids will be homeless and then hope the local council can find you all emergency accommodation.

TELLIT01

Couldn't the apparent confusion between left and right simply be that the builder is looking at a problem on the rear of the chimney, therefore looking from the back garden?

Section62

https://forums.moneysavingexpert.com/discussion/comment/82020100#Comment_82020100

From the OP's posts it would seem there is a chimney on both sides. One visible from the front, one only visible at the rear. TBH if someone contacted me from the address to the left then I'd assume they were taking about a chimney on the boundary with that property, regardless of whether they referred to it as 'left' or 'right'. Instead I fear the "what rear chimney?" response has set the tone for the rest of the discussion.

casper_gutman

It seems like this whole issue has blown up a bit due to the difficulties in conveying (i) tone and (ii) accurate practical understanding when relying solely on written communication, especially when one party isn't confident in their ability and introduces an AI assistant into the mix.

If everyone involved had just stood in the garden and had a conversation about the issue in the first place you'd probably be in a better position now: it would have been perfectly obvious what chimney they were talking about, and left/right confusion could have been resolved with a quick query and just pointing to things.

A conversation on site would probably still go a long way towards improving mutual understanding. Failing that, letters/emails/messages with diagrams and annotated photos are much clearer than just words which can easily be misunderstood or taken the wrong way.