Neighbour using my bathroom

looby-loo_2

My neighbours chimney crosses into my house.

McAzrael

Are you absolutley sure that you couldn't ask her if she has any objections to you removing it?

amcluesent

>Would I be within my rights<

Party Wall rules would apply at a minimum I would guess.

If I was your neighbour, I'd expect to be compensated for loss of utility in giving up a working chimney!;)

zzzLazyDaisy

You need to check the deeds to the house. Almost certainly you will find that she has a legal right of access to your chimney. It is called an 'easement'

It is a bit like a shared drive - my house is on land behind my neighbours house. I have a legal right of access over the drive to reach my house and a legal right for all my utility pipes and cables (gas water electricity) to pass under the drive. Although the drive belongs to my neighbour, he cannot make any changes that will affect my access (this includes even parking in his own drive as it would block my access). Fortunately we get on well and there is no problem, but you get the picture.

Your neighbour's smoke going up your chimney is the same sort of thing. Assuming there is an easement giving her the right to use your chimney (and there should be) you cannot make changes without her agreement. Even if there is nothing written down, she will have gained the right by virtue of the fact that she has used the chimney for 40 years (a form of squatter's rights).

You need to see a solicitor before going any further.

looby-loo_2

amcluesent wrote: »

>Would I be within my rights<

Party Wall rules would apply at a minimum I would guess.

If I was your neighbour, I'd expect to be compensated for loss of utility in giving up a working chimney!;)

In my house though! I thought I'd put in a claim for rent:D

silvercar

Do you know this was the situation before she installed her shower?

Could her chimney smoke have been diverted to your chimney at the time she installed her shower? Or some point in the past when works were done on her house?

If there is no easement in the deeds then it could be work done years ago and really there is no obligation on you to keep the chimney.

Doozergirl

I'd just talk to her but if the houses were built like that and it wasn't diverted later, then it's more a case of asking if it's okay to block off the chimney rather than telling her to make alternative arrangements. If she doesn't use it and she is a nice person then I don't see why she'd object.

Either way, it's always better to ask 'can I do this' than tell someone to do something themselves.

titewad_2

looby-loo wrote: »

(Now if it was the neighbour on the other side ....... the builders would be booked in for Monday and hang the concequences!)

Unfortunately you're not joined on to them though.

looby-loo_2

We have agreed to divert into an old bedroom chimney.