Welcome yekoms

[enaid]

Hello and welcome to Legal Beagles.
Please have a look round and if you need any help with anything give a shout, someone will soon be along to help you.
If you have an ongoing claim, or a problem you need answers to, then you can start a thread in the appropriate forum. If you are unsure of which forum you feel your thread should be in, or indeed if you would like your details kept private, then please just reply to this message.
If you are just here seeking information, then please feel free.Once again if you need help doing this just ask.
When you have settled in, if you feel like a chat we have the Legal Beagle Chatroom, or there is The Lamp Post for off topic threads. Hope to speak soon Enaid x

[yekoms]

Re: Welcome yekoms

Hi everybody,
I'm new to this & found the site while looking for info on the Access To Neighbouring Land Act 1992; which led to the thread started by Adamski in June this year & which seemed to answer many of the questions which were plaguing my little mind.
As the thread unfolded step by step to a reasonably happy ending it began to dawn on me that perhaps you guys could answer a couple of questions which are bugging me at the present moment and disturbing my sleep.

I have done a search and no threads to party-wall or chimney have appeared so here goes.

We are end of terrace (over 100yrs old) and the previous owner next door says she never had any problems with fires, fireplaces or chimneys; either theirs or ours.
She sold up and the new owners had no problems with our fire for 13 months and then began complaining that smoke was leaking into their 3yr old son’s bedroom.
I used to keep the fire burning 24 hours a day in the cold months; bank it down at night and add some newspaper in the morning and away it would go again.
This kept the house lovely and warm with minimal central heating. The wife has always wanted a fire and she loved it.
They went away while a relative who I remember as describing himself as a painter & decorator did some painting and removed & replaced a fireplace in the sons bedroom. (more in keeping with the age of the property, Edwardian; according to him next door.)
There was a tremendous amount of heavy banging with a big hammer.
This according to a surveyor I asked would have been enough to damage the fabric of the party-wall and the Lime-lining to the chimneys, theirs and ours.
They then told us we couldn’t light our fire because it was dangerous.
Legal advise advised that because they had warned us ‘any damages would be reasonably foreseeable.’ So it would be best not to have a fire.


The problem is this.
I started to fill out the Small Claims form and it makes one think about what it is that needs putting right because it needs to done all at once.

Solicitors fees do not seem to be recoverable.
The quote for the chimney is £1395.90
We haven't had a fire for 4 years because the neighbour first promised to fix it and then kept putting us off and is now snubbing us.
Does anyone have any experience of 'particulars of claim' or suggestions.
We have had to buy 2 electric fires (1 failed after guarantee period expired) & now that Gas is cheaper we have had to buy a Gas fire & use £17 gas every 10 days.
Firewood rotted outside.
Extra cost of running the central heating.

Just writing this has helped, so thanks everyone and keep up the good work.

[Birdie]

Re: Welcome yekoms

Hi Yekoms.

Welcome to Legal Beagles!

I have a few questions:

Did you employ the surveyor?

Did you employ the legal advisor and if so, are you still using them?

This sounds like an insurance claim to me rather than small claims court. Have you contacted your insurance company?

Also, have you got legal insurance on your policy?

I have had a lot of (personal!) experience (following a house fire, caused by a neighbour's chimney), so will try to help and give you as many pointers as possible.

May I also suggest that you request these couple of posts moved to a different part of the LB forum - probably Property?

[yekoms]

Re: Welcome yekoms

Thanks & hello Birdie,
Your Q. in order
1 RICS gave me number of local surveyor for free 30 min consultation.
2&4 Insurance legal dept.
3 Insurance said that they next door have to make the claim as there is no leakage on our side; their insurance then contacts mine etc. Him next door said they couldn't make a claim. The surveyor said that logically if they have damaged the party wall they cannot claim from the insurance & its quite normal that when they find out how much the repairs are going to cost, to deny it. Hence the small claims court.

Thanks for the suggestion sorry to ask but how?
xx

[enaid]

Re: Welcome yekoms

Hi Yekoms,
I am going to move your thread now into property forum, there you will get more response to your questions.
I will pm you a link when I have done it Enaid x

[Birdie]

Re: Welcome yekoms

Thanks & hello Birdie,
Your Q. in order
1 RICS gave me number of local surveyor for free 30 min consultation.
2&4 Insurance legal dept.
3 Insurance said that they next door have to make the claim as there is no leakage on our side; their insurance then contacts mine etc. Him next door said they couldn't make a claim. The surveyor said that logically if they have damaged the party wall they cannot claim from the insurance & its quite normal that when they find out how much the repairs are going to cost, to deny it. Hence the small claims court.

Thanks for the suggestion sorry to ask but how?
xx

Private Message either Amethyst or Tools re moving the posts.

Regarding your Insurance Legal Department - did you speak to a lawyer that specialises in building related issues?

The reason I ask is, it is a VERY specialised area. In the end, I employed a specialist solicitor who then billed my insurance company directly. If you don't mind me asking, whereabouts in the country are you, as I can recommend a very good solicitor (and a very good surveyor!)

Check your policy documents - you should be able to use a specialist solicitor, in my humble opinion!

It sounds like you need a survey of your chimney too.

I think there is further work to do here, and more banging on doors ie legal and surveyor before you even think about claiming. At this point, you don't know exactly what the damage is.

I can understand this is a "catch 22" situation, but don't take no for an answer - especially from the legal insurance company. They will probably try to squirm out of paying too much out for legal costs, but tough!

:santa_wink:

PS - Thanks Enaid for moving this!

[yekoms]

Re: Welcome yekoms

Thanks Enaid for moving me,

Hello Birdie,
I don't even know if I spoke to a lawyer. Just someone they term 'a qualified legal expert'.

I'm in Loughborough. Anyway near? Recomendations are the best. Thanks for the offer.

The policy does say that I'm free to choose an advisor. To send them the name of a suitably qualified person.

Thanks again, you're opening my eyes & i'm going with the flow.

We really loved this fire burning and warming the house & it was one of the reasons we bought the place.
Oh well, xx

[Birdie]

Re: Welcome yekoms

Right, well you're going to get it your fire back, but it may not be quick or easy!

First thing is to find a solicitor that specialises in construction.

I'm going to recommend the one that I used (have used them twice, both for work and home). He may or may not come up to you, however, if not, I'm sure that he will recommend a solicitor in your area.

I will do this via private message - you'll find the private message link at the top of the page on the right hand side,

Birdie
:NEWMESSAGE:

[yekoms]

Re: Welcome yekoms

message not in the PM area yet but thanks I'll keep looking.
xx

[Birdie]

Re: Welcome yekoms

Should be now. I'm a bit slow at typing! LOL