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JGM, Solicitor
Category: Property Law
Satisfied Customers: 9970
Experience:  30 years experience in property law.
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how do I determine if a gable is common?we live on a steep

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how do I determine if a gable is common?
we live on a steep hill
My house was built 17 years before my neighbours house. it was free standing with all walls and roof.
next door has a gable that extends 5 meters above my roofline and the top has damp
Am I responsible as I cannot find where to look to see ownership. There is no mention in my title deeds as my house was built with its own gable 17 years before the house next door. The buildings visually form a terrace but were built individually over 200 years ago and are B listed
whew Frank
Submitted: 2 years ago.
Category: Property Law
Expert:  JGM replied 2 years ago.
I am a Scottish solicitor and will help you with this. Can you email both titles to***@******.*** and ask the moderator to send them on to JGM. A photograph would also be of assistance.
Customer: replied 2 years ago.

19 and*****

I live at 19 (the small house on the left) and my neighbour has taken me to sherif court to claim for repairs, which i did not agree to.

The repairs are for repairs to his slates and roof - which I believe has nothing to do with me and

to damp coming in from the top rear of his gable. I agreed to chimney repairs as the chimney stack is common but not to the gable as I don’t know what liability I have.

He has had the whole of the gable rerendered without my agreement and wants me to pay half. I don’t know what guarantees he has.

The reason I did not agree to the gable being rendered is because the chimney breasts need rebuilt and that would result in removing the new rendering to rebuild the bricks and then putting new render on top i.e. paying twice.


I don’t think the gable is common (the chimney stack is) as my houde is below the area concerned and my house was build 17 years before number 20.

My house has its own 4 walls. The photos show (to me ) that number 20 has its own gables. The houses were all built in slightly different style and over a period now form a terrace.

Thet were not built as a terrace with common gables separating each house

attached both title deeds and pics
Expert:  JGM replied 2 years ago.
Thanks for sending this information.
Two points whilst I'm looking at it:
1. You've sent me title number REN49731 which is your house and title number REN12007 which is the title for subject further up the street, a few units beyond number 20. Is there any reason for this and do you have the title for number 20?
2. Why do you think the chimney stack is common when the gable it sits on isn't?
Customer: replied 2 years ago.

REN 12007 is the title deeds to No 20 with the high gable. (to the right in the photo and known as Pillar House because of the front pillars)

Number 19 was built 17 years before Number 20.

'19' was built as a free standing house (my house) with its own gable and chimney stack. No 20 has its own gable as you can see from photos however they chimney stack was added to the earlier one built onto and is now shared. The rest of the gable is heigher than my house. Other similar gables have window in them - something I could not do as its the side of their building not the side of mine.

If that gable was demolished it would not effect my house

Expert:  JGM replied 2 years ago.
Thanks. I've worked out the title of 20 having now looked at the plan in colour. In any event the titles don't help at all.
As regards ***** ***** stack which appears to be built on their gable I'm not seeing why this is common. It appears to be built entirely on their gable.
In any event if the titles are silent about the gable and you have a separate gable you can't also be liable for theirs. Had that been the intention, the titles would have provided for this at the time the second house was built as part of a right of support, but there is no such right.
If they are averring in the court action that there is a common gable they will have to prove that and they can't do so without a title, nor do I think there is a common law issue given that you say that the two houses are built separately from each other.
Customer: replied 2 years ago.

thank you. What can I do to show the Sherrif in this event?

Expert:  JGM replied 2 years ago.
You should lodge with the court the titles and photos you sent me.
JGM, Solicitor
Category: Property Law
Satisfied Customers: 9970
Experience: 30 years experience in property law.
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