Neighbour unwilling to contribute 50% of costs of repairs to equally shared chimney

[pavalakis]

Hi all,

I am in discussion with my neighbour about essential repairs required to our equally shared chimney. It’s condition has deteriorated to the extent that there is water ingress. The is property listed, I have applied for listed building consent, the neighbour does not intend to. The condition of the chimney is arguable worse on their side as this is where the prevailing weather hits it.

I have obtained three quotes and provided these to my neighbour, on company headed templates. My preferred option is the cheapest of these.

They have provided one cost informally, by email, which I have to take their word for. They are unwilling to provide an official quote on a company template, or to identify the contractor to me. They are using this cost as the basis with which to argue to contribute less than 50% of the cheapest cost I have provided.

I would like to establish whether I could contract and pay for the work in full myself, and pursue them through the small claims court to recover 50% of the costs? My limited understanding is that this would be on the basis of the ‘law of nuisance’.

Its seem relatively straight forward and economical to go through the small claims court, so I’d like to know if I would have a case and a reasonable chance of success, and what I should know in advance.

Many thanks in anticipation.

[echat11]

Hi Pavalakis

Could it potentially be a Health & Safety issue now or future? Is it something the Council could act on if not fixed?

[pavalakis]

Hi Pavalakis

Could it potentially be a Health & Safety issue now or future? Is it something the Council could act on if not fixed?

Thanks for your reply. Yes I imagine it could become a health and safety issue if not fixed, as the condition would continue to deteriorate to the point at which there is a risk of the chimney collapsing. What might be the route/mechanism to take with the council?

[echat11]

Thanks for your reply. Yes I imagine it could become a health and safety issue if not fixed, as the condition would continue to deteriorate to the point at which there is a risk of the chimney collapsing. What might be the route/mechanism to take with the council?

I would write a letter to the council, detailing your concerns, stating that there's a real risk of the chimney coming down, explain that you've taken pro-active action, quotes etc, but your neighbor is being stubborn, which isn't great as the main problem lays with their side of the chimney. There should be a department at the Council that deals with such issues i.e. Health & Safety / Building Regulation (they'll pass it to the correct person, who can come out take a look). That should be enough to 'shock' your neighbour into action, i.e. listening to you.

[EnglandPi]

Your neighbour is under no obligation to contribute anything, in fact interfering with his part of the chimney could be considered criminal damage.

I would tread carefully.

[des8]

Generally shared stacks are not party’ i.e. the two owners do not have rights over the whole structure
You say "equally shared" ... is there not a division between the two flues?
As such each owner is responsible for the maintenance of their half only and neither can force the other to participate in renovation or maintenance work.

However regarding the possibility of proceeding on the basis that you are stopping a nuisance, and then trying to reclaim a proportion of the cost, just go carefully as there are liability concerns and possibly trespass

As already indicated by others environmental health can order the work to be done if it is causing damp within your property