Damage caused on neighbour property due to shared chimney

[HelpNHelper]

Hi
My neighbour's roof tiles got damaged due to the bricks came off from shared chimney. The bricks came off from the neighbour's side of the chimney. As a precaution, the builder repointed the chimney and removed other bricks with a chance of future damage. Who is responsible to pay for the damages caused on neighbour's roof and also for the charges to repoint the chimney?
Regards

 

[^woody^]

Whoever told the builder to do the work

 

[big-all]

no expert
but "shared" means both have ownership off some parts but not necessarily joint ownership off the whole structure
my understanding is components fully on your side are yours you repair and visa versa
but as woody in effect says "but for the action off" the builder it would not happen ??
off course a compromise can be reached for the sake off living together but doing extra pointing on "the other side "is fully at the instigators cost if not negotiated with the shared party and can never be applied retrospectively ??

 

[HelpNHelper]

Thanks to both of you for the quick response. My neighbour asked the builder to come over and fix things without discussing with me. I will take the logic to my neighbour and will share the outcome.

 

[^woody^]

With a shared chimney, the property boundary will either run up the centre or in some cases around the specific flues, and this will denote ownership and responsibly for maintenance to each neighbour.

So work required to one side of the boundary is strictly the responsibility of that property owner.

When work is required to both sides of the boundary then that becomes shared responsibility.

In the case of the OP, bricks falling from one side, damaging one side would be the responsibility of that side's owner. Whilst it may be likely that there may be other works to the chimney and these may well cross the boundary, it would be necessary for these works to be notified to the adjoining neighbour before carrying out the works. The neighbour may well say that the additional works were necessary and an emergency, but unless the neighbour was uncontactable, it would still be reasonable for the adjoining neighbour to be notified before hand and to agree the works (and costs) or require only temporary works before getting other quotes. For all the adjoining neighbour knows, the builder could be the neighbour's mate, charge inflated costs which are then asked to be shared, and then the neighbour claims the whole lot back on his insurance anyway!

 

[HelpNHelper]

Thanks a ton for the response Woody. Please find attached the photo of the chimney. As you can see a portion of that chimney is on the neighbour's side from where bricks have come off and fallen on his roof tiles. Considering this and in line with your views, is it correct to ask the neighbour to pay for his expenses and as a matter of 'being good' i shall share the charges paid to repoint the whole of chimney?

 

[^woody^]

That's bad and has not just happened unless it was a lightning bolt!

I would suggest that strictly the cost of the damage and the repair is the responsibility of your neighbour - mainly because it's on his side (looks like he gets the prevailing weather) and because it should have been maintained better which would have prevented this.

However it's most likely that there is some work to have been done on your half, which you should contribute to. It's not clear what has been done to your half, but your contribution should be more along the lines of "reasonable costs", not half costs. This is because you have not been notified of the work or costs and had no opportunity to get other quotes. Your 'sharing the pointing cost' idea would seem reasonable, unless extensive rebuilding work has been done on your half.

I would be very careful as to what works have been done. That may well require more than just repointing - more like rebuilding. Yes you can pay for some of the pointing now , but you don't then want to be paying again in a few months if the work done was inadequate and there is still loose brickwork up there. Are you confident that the builder has done a thorough assessment and the required work? If no scaffold was erected, I would be doubtful its been done properly - rather a cheap fix by dubious builders.

If there was not a proper assessment of the condition done, then it would be wise to get that done, and share the additional costs of remedial works.

It would have been better for one or both of you to have claimed as storm damage on the insurance and let them sort it out and arrange the sharing of costs - and got a potentially better repair.

 

[tell80]

OP,
You talk about the builder in the past tense implying that the builder's work has already been completed - yet the pic you post shows a damaged chimney stack that's not yet been worked on?
If the stack has been worked on can you post a pic of the newly repaired stack?

In the pic: the top of the stack, say the top five courses, needs re-building, and the flaunching needs replacing & renewing.
Correct flue terminals will need installing for both sides ie for both houses.
Its typical for such work to be done off a chimney stack scaffold.

Its becoming common for roofing work that the contractor provides the householder(s) with before, during and after pic's or videos of the job.

 

[HelpNHelper]

Thanks again! Please find attached the pics of the complete work and request you to share your views on the same. Thanks for the amazing support.
regards

 

[John D v2.0]

Looks quite neat although it doesn't look right having such a huge area of mortar, I'm no chimney expert but I'd have thought they'd use a paving slab or two as a coping stone. But maybe that's normal practice.

 

[tell80]

1. you have four flues that should be discharging out of that stack - your neighbour has four flues as well for a total of an eight flue stack.
2. There are two air bricks installed on the neighbour's side - indicating perhaps that the builder left all the flues short below a cap in a common space thats been covered with a sand and cement cap.
3. Thats a very cheapskate, and potentially dangerous, method.

4. That mass of S&C will develop splits over the next few years. For a start, the mix was sloppy when it was installed.
5. The cap should project a 25mm min oversail beyond the stack sides to throw off rainwater - dont allow rain to drip down & soak the stack.

6. Eight correct flue terminals should have been used - is gas or solid fuel being used in either house?
Were flues swept and smoke tested & fireplace vented before work started?

7. The new pointing looks fine - but its only on parts of the stack?
8. FWIW: the flashing on your side is wrong, S&C fillets have been used instead of lead cover flashing. Check in the loft for leaks.
9. The TV mast wire is straining on your ridge tile.

The job is a quick and cheapskate way of doing things.
The stack was not rebuilt but lowered.
The builder knew just enough to get by, get his money and go.

 

[^woody^]

That mass of mortar will crack, and will also allow rain to run down the brickwork not off it - causing it to degrade further and more quickly.

It's the wrong job, a crap job, and this type of work tends to lead to additional work in the short term.

 

[mattylad]

Also, if you do pay anything - make sure that you see the builders bill before paying anything.
It is not unknown for neighbours to verbally double the bill value so the other neighbour pays for it all and not their half share.

Taking the above description of the works I'd not be happy in paying a large amount for that job.

 

[mattylad]

Alexander - if your talking about what happens in Canada, this is a UK site mate.

 

[cross thread]

Can I add I hope you don’t have any appliances connected that use the flues