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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 4824
Experience:  Dual qualified Solicitor and Attorney
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I live in a terraced cottage (a row of 4), and there are

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Hi, I live in a terraced cottage (a row of 4), and there are chimneys on both sides of my house, physically on the boundary with neighbours on both those sides. I only have one working chimney i the house, shared with neighbour to my left - no issues there. To the other side however, the chimney pot straddles where the roof lines join with my other neighbour, but only she has a chimney inside the property. I have checked in my loft and cannot see that there has been a chimney in my property previously - I think in fact my cottage and hers may (although not sure) may have been one cottage previously and were split into two. Unfortunately there has been leaking from this chimney on that section of roof for sometime and into my property. A previous roofer said that it was because flashing was missing on my neighbour's side and I did contact her (she is v elderly). She did not think the chimney was her responsibility, and at the time I just needed the problem sorting and also sourced another potential problem on my side, which may have contributed, which I repaired and hoped that might solve it. It has been a bit better, but is now seeping through again and further along the relevant wall there is more damp coming through and leakage of a brown stain - possibly from wet timbers or old chimney soot (suggested by builders also) , Plasterwork is now being affected in my house. There is nothing on the Deeds about who is responsible. Is this a split responsibility or is it my neighbour's issue as it's her chimney and roof section? Thanks
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, as said, I have spoken to my neighbour in the past. She is very deaf, elderly and has little money, so I admit to leaving it there as I know it will be a thorny issue to resolve. But now it is absolutely necessary I get this solved. Thanks
JA: Where is the cottage located?
Customer: Somerset
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks

Hi thank you for your message, if you can establish the issue is from her chimney and her roof then she is responsible and you can bring legal action against her for repairs to your property, that said, you may wish to speak to her again and see if a fruitful dialogue can lead to her volunteering to pay the costs. If not then you should look to instruct a solicitor to bring a legal claim. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 14 days ago.
Thank you. Is it definitely the case that if I don't have the chimney breast in my house, even where the stack is on our mutual roof-line, she is responsible for the chimney and the flashing all around it i.e. flashing also on my side of the roof-line? I just want to be sure before I go down the road of discussing it with her etc. Actually there is flashing on the part of the roof that is entirely on my side, but the missing section is on her side and the lower part of the chimney where it straddles the roof line. Thanks

Hi thank you for your message, where the actual chimney stack is on your mutual roof line there could be an argument to say that you should bare some of the burden of maintenance and costs of repairs but in my view that would not be appropriate here because the damage it seems is being caused by the use of the chimney which is not from you as you do not have the breast in your property, furthermore, the flashing is on your side so it is the neighbour that needs to pay for repairs to the flashing on her side. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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