dispute over shared chimney stack. any advice please?

[samaod]

Hi

1st time poster - please be nice

I live in a terrace house with a chimney stack shared with the neighbor.

The chimney stack is in a poor state of repair and so I had it inspected by a builder. The builder found that my side of the stack was in need of some repair (re-pointing), but that the neighbors side was in a much poorer condition, needing rebuilding or removing. My side of the stack had been re pointed 10s of years ago, but the neighbors had not, leaving no mortar and plants growing between the bricks! There is a striking difference between the two halves. He also found missing flashing and some holes on the neighbors side which he believes to be the cause of a damp internal wall I have been suffering for years.

I have spoken to my neighbor to gain access for the repairs and negotiate some split costs. The neighbor is a landlord who doesn’t live there but lets the house to tenants. Here's the problem - the neighbor has gained some cheap quotes and has offered to pay 50% towards this figure.
I don't want to have a 'cheap' repair and I don't think it is fair that I should pay towards his remedial work. If the repairs fix my mystery damp wall, I will still need to have the room redecorated. The neighbor has said 'take it or leave it'.

I don't want to involve solicitors for fear that their fees will exceed the cost of the repairs, but I can't just leave the problem as the chimney stack is dangerous and needs fixing.

A 'man in the pub' told me that I can hire a surveyor who can apportion fair costs and enforce the work. Is this my easiest path? Will any surveyor do or should I just contact the council to use theirs? Any advice gratefully received.

In the picture, my house is on the right (from the front) and on the left (from the rear).

Untitled

• samaod
• 13 May 2013
• 1

 

[pinenot]

Your first port of call should be your title deeds, as these should detail shared ownership and responsibility. Also you property insurance may have a clause relating to just this kind of problem, indeed they may liaise with your neighbouring landlord, at least it's worth a try asking them...pinenot

 

[dann09]

In theory, you are in the right, FWIW in a building dispute.

Presenting your neighbour with pics of all exterior and interior points of interest, and damage, will take you both a little further - date & time, with the builder/surveyor's initials on the back of the pics is best.

A statement from the builder might help esp. if things go legal.

Why not agree on an expert or trusted surveyor/witness acting for both of you? It will cost.
Mediation costs and will, typically, involve a professional witness.
BCO, typically, wont get involved.

Retain all correspondence, and have a witness to all the talking bits.

 

[samaod]

thanks for your advice guys

much appreciated

 

[Diyisfun]

Cheap dosnt mean poor. It may be he has a deal with a builder for repairing all his properties.

 

[samaod]

I bit the bullet and saw a solicitor. It seems that under the party wall act etc 1996 section 2b he cannot carry out any work (repair or rebuild) to the party wall/joint chimney without notifying me in writing with the following details:

His name and address
The name and address of the builder he have instructed
Full details of the work to be carried out


Once he has notified me, I can decide if I am happy with the work and whether he can proceed. If I have concerns about the work he is carrying out I can instructor a surveyor which would, under the act, be at his cost.

Hooray for the party wall act!

I feel much less stressed now that I have written to him explaining how I would like to proceed. All above board, all fair. Fingers crossed.

 

[dann09]

Thank you for coming back on here and telling us what you did next.

It would be interesting and instructive ( others with neighbour issues will be watching) if you could keep us up to speed with how things go from here.

If you do come back, then pick up this thread, and simply continue it, thereby keeping the story on the same page.

 

[ColJack]

The problem with that party wall act is that it is YOU that wants the repairs done, not him.. So he has the right to get a surveyor and make YOU pay for it.
He has to agree to the costs etc before YOU can proceed with the repairs.

 

[banjodeano]

if it was me, i would just go with the cheap builder that he has and save yourself all the hassle...do you really want to get yourself entrenched into perhaps a long legal battle.?