Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
Is the chimney stack shared between your two properties please in that it potentially serves fireplaces whether they are used or not, in both of your properties?
From what you say, part of the chimney sits on your side of the party wall and part of it sits on the neighbours side of the party wall. Do I understand correctly that the area of chimney that requires repair sits on their side of the party wall please?
1.Chimney is for my sole use
2 . Area for repair is on their side
Thanks. The starting point is your title deeds. If the chimney is for the sole use of your property then the starting point is that the chimney stack belongs to youand your neighbour would not be responsible for the same. It would be necessary to confrim in your title deeds as to whether there is any provision for the chimney in the same. If there is no provision in respect of the chimney with regards XXXXX XXXXX and repairs, then you may have a technical small area of flying freehold - whereby part of your property strucutre is built on top of theirs. If this is the case you would need to consider reverting to your solicitor that acted for you on the purchase as you may need an indemnity policy to cover the defect when you come to sell if it is noticed.
If water is ingressing based on the chimney being in need of repair then this would fall to you. There is the potential for argument if there is water ingress from the join of the chimney and their part of the roofn but this is not the case from what you say.
It may be that your title deeds will provide that the chimney is a party structure even though it is for the sole use of your property. If they and your neighbours title deeds do provide that it is a party structure then this would change the above position and would make the chimney joint responsibility to maintain and repair however this would be surprising if the chimney is for your property's sole use as structures which are for the sole use of one property would typically fall to the property owner which has the benefit of that structure to maintain.
Is there anything above I can clarify for you?
Thank you Joshua
A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me