Chimney stack ownership and repair

[welshy21]

We live in a terraced house and my neighbours chimney stack that services his fireplaces is on our roof and needs repairing. He states that because he had a grant done on his roof many years ago and they also worked on the stack on his roof at the time that he is responsable for that stack and not the one on our roof that services his fireplaces.
We have spoke to many other people in the street and thay tell us that he is responsable for that stack on our roof and we are responsable for the stack on our other neighbours roof that services our fireplaces. We have checked our deeds and there is nothing in there re chimney stacks. The stack is becoming unsafe and we have had mortar and rubble fall down onto our doorstep. Does any one know what we can do re this will the council be able to prove responsability or will we need to go to a solicitor? Sorry for the long post really hope someone can help

 

[big-all]

if its a danger then enviromental health may help but only in a advisory role initially as its a bit unsafe rather than a danger

just my opinion you understand

 

[Bouba]

Hi,
Is the chimney stack shared. Can you post some pics.

 

[welshy21]

No it's not shared that is his other argument but all of our fireplaces are on one side of the other side of the house.
Thanks for your replys

 

[welshy21]

Here are some pics

Untitled

• welshy21
• 17 Nov 2013
• 1

Untitled

• welshy21
• 17 Nov 2013
• 1

 

[Alastairreid]

Looks shared to me! that stack would have served 4 flues, 2 of them yours.
Probably redundant bedroom fires on your side.

 

[welshy21]

We only have a small box room on the side of the house with no old fireplace ever showing as been there on the other isde of the house we have 2 large bedrooms that had fireplaces now replaced by vents and we know they used the fireplace on the otherside of the house. If it is shared that is no problems though and we would take responsability for our half if that was the case but the neighbour refuses to believe he is responsable for any part of it!

 

[Bouba]

Are you end terrace by any chance.Go into your loft to establish if you have chimney there. If the stack is shared you will have to maintain your side. If any damage occour due to falling bricks or anyone gets hurt the responsible person can be sued in extreme circumstances.

 

[Alastairreid]

Well the chimney has 4 flues as far as i can make out, and i dont think your neighbour has 4 fires at one end of his house.

Its a shared stack which you are both responsible for.

Stepped terrace?

 

[Bouba]

There will be 4 pots for each house. A terrace house will generally have 2 fires in downstairs room and 2 upstairs. Total 4 pots for the 2 flues.

 

[Alastairreid]

Do you have a downstairs bedroom welshy?

 

[welshy21]

Hi no we do not have a downstairs bedroom, bouba we have 4 fireplaces in our house which are all on the same side one in the cellar one in living room and 2 in upstairs bedrooms which are both on the same side of the house the only thing on the same side as our neighbours in the hall and the small box room which has never had a fireplace. We are not trying to get out of anything here at all we just really need to sort out responsability

 

[welshy21]

alastairreid what do you mean by stepped terrace?

 

[Alastairreid]

Like these.

 

[TonyW2]

Does the stack come as a chimney breast anywhere in your house?
Does your insurance cover legal advice?