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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 8553
Experience:  I have been practising for 30 years.
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I live in a semi detached house with a shared chimney, my

Customer Question

I live in a semi detached house with a shared chimney, my next door neighbour does not use the chimney, but I still use it. Problem is the shared chimney needs replacing as it is falling down, am I right to ask for some cost to it seeing as they have blocked there side in ?
Submitted: 3 months ago.
Category: Property Law
Customer: replied 3 months ago.
Don't want to block chimney off as use open fire some times
Expert:  F E Smith replied 3 months ago.

This is part of the structure of the properties and it is classed as a party structure and hence, you are jointly responsible for repairing.

If they want it taken down because they no longer use it and you want it put backup because you do, and if this came an argument in court, the court are likely to maintain the status quo and require them to pay a portion of the repair, probably have an element of proportionality according to use.

Hence, what’s likely to happen if it came down to an argument is that you would be required to pay perhaps three quarters of the cost of the work and they would be required to pay one quarter.

There is no exact formula for this and I am just giving my opinion.

If the chimney stack is dangerous, the local authority and serve a dangerous structure notice and get a court order to make you have the work done. The neighbour will get a similar notice. The dangerous structure doesn’t have to be dangerous so that passers-by would get injured if it collapsed. Would be just as applicable if it was a chimney in the back garden not affect anyone other than the house in question.

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

Customer: replied 3 months ago.
Thank you for the information, I will endeavour to speak to my neighbour regarding this. Wendy lewis
Expert:  F E Smith replied 3 months ago.

Thank you. Please don’t forget to rate the service positive. We can still exchange emails.

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