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I get large damp patches upstairs on the wall adjoining my neighbour, following heavy rain.
There's a chimney stack built directly above this party wall. The flashings on my side are in good condition. I conclude that water is entering the chimney stack and working its way down, and just happens to be coming out on my side. The neighbour (a tenant) has no such issues. Visually, the chimney stack is in moderate to poor condition, with some cracked/ missing pointing, and a little vegetation growing out of it in places.
The deeds state that the wall between the properties is shared, and subject to the party wall act. It makes no mention of the chimney above it.
So it seems simple, I either repair my half and hope for the best, or we agree to repoint the entire chimney breast jointly.
However: The 2 houses used to be 1. The chimney in question only serves next door. It does not, and never has, served my property. This makes me wonder whether, because the chimney is for the sole use/ enjoyment of next door, that responsibility for this lies with him.
I spoke to the owner on the phone. Local talk is that he was aware of the problem, but did nothing about it. I can't blame him in a way, he doesn't have any problems, but still... Anyway, I suggested that it was his chimney and asked if he could repair it. He partly acknowledged this but said he couldn't come over because of 'lockdown', so I'd need to wait. I felt it was a bit of a brush off. Before I take the matter up with him again I'd like to feel more confident about the legalities here. I've spent ages looking on the internet for an answer, but can't find one. Usually, if a chimney stack is built on a party wall it will serve both properties. Mine is an unusual arrangement, it's rare for 1 property to become 2 in this way.
Thanks for any replies.
There's a chimney stack built directly above this party wall. The flashings on my side are in good condition. I conclude that water is entering the chimney stack and working its way down, and just happens to be coming out on my side. The neighbour (a tenant) has no such issues. Visually, the chimney stack is in moderate to poor condition, with some cracked/ missing pointing, and a little vegetation growing out of it in places.
The deeds state that the wall between the properties is shared, and subject to the party wall act. It makes no mention of the chimney above it.
So it seems simple, I either repair my half and hope for the best, or we agree to repoint the entire chimney breast jointly.
However: The 2 houses used to be 1. The chimney in question only serves next door. It does not, and never has, served my property. This makes me wonder whether, because the chimney is for the sole use/ enjoyment of next door, that responsibility for this lies with him.
I spoke to the owner on the phone. Local talk is that he was aware of the problem, but did nothing about it. I can't blame him in a way, he doesn't have any problems, but still... Anyway, I suggested that it was his chimney and asked if he could repair it. He partly acknowledged this but said he couldn't come over because of 'lockdown', so I'd need to wait. I felt it was a bit of a brush off. Before I take the matter up with him again I'd like to feel more confident about the legalities here. I've spent ages looking on the internet for an answer, but can't find one. Usually, if a chimney stack is built on a party wall it will serve both properties. Mine is an unusual arrangement, it's rare for 1 property to become 2 in this way.
Thanks for any replies.
