Back gutter failure on neighbour’s chimney

[chazzag72]

I live in a terrace property and I have damp in one bedroom roofers have looked and said the neighbours chimney back gutter has failed she is refusing to do the work saying she has no damp (she has no bedroom adjacent to mine) and that her survey didn’t pick up any issues. My chimney is on the other side of my terrace. Who is responsible for the repair

 

[blup]

Did the roofer take some pics of the lead work to support his opinion while he was up there, and can you post them. AFAIK your rights to access a neighbours property don't extend to doing work on their side, only from their side to yours.

 

[chazzag72]

They did the issue is the back gutter runs on both sides of the party wall. They took photos I have attached 2 along with 1 of the damage. This is the 3rd owner and the issue has been raised with all of them and they do nothing but tell me I have a leak on my side I have had people out now more than 3 times they are not prepared to look at the damage or anything.

 

[chazzag72]

Here is another one that shows someone has tried to put mastic to seal it

 

[ree]

OP,
Who hired the roofer who opened up the (neighbour's?) back gutter in the pics?
The back gutter is badly constructed, & needs rebuilding.
Perhaps the rest of the stack flashing is none too clever either?
A pic showing the location of the chimney stack on the roof is needed?
Have you been in your loft & looked for leaks & water stains?

 

[chazzag72]

I got a builder and roofer in to look with the neighbours permission, the back gutter goes over both our properties but the chimney is for her house only . I have been in the loft and so have the builders and none are visible as it is difficult to get into the corner due to the low pitch. Here is a pic of the chimney stack I’m on the left she is on the right the red line is where there is an RSJ and the line of the wall on pic 3 the red line on pic 2 is where I have damp. Also the plans showing the chimney. All the back gutters on the neighbouring properties have failed they were built late 1960’s. What I need to know is who is responsible for her chimneys back gutter

 

[thomp1983]

How much have they quoted to repair it? I know it shouldn't be your responsibility to pay for it but if it's adversely affecting your property and isn't a huge amount of money I'd probably pay for the repair and move on from the situation.

 

[blup]

It will cost a lot more to take legal action than paying for the work yourself. Get their agreement in writing including the right for you to carry out further repairs/maintenance. May be worth checking the title deeds in case any specific rights are granted.

 

[ree]

OP,
Thanks for the new pics & info.
Unfortunately, as above, I think that for what its going to cost for a rebuilt back gutter and the internal remedial repairs you may as well stop any more damage & pay for repairs yourself.
A very rough estimate would be, say, £1500 to £2000 for both external & internal?
Below in the forum is "Building Regs & Planning Permission" where contributors with more legal knowledge might help you further.