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Old 19 August 2009, 16:48   #11
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I don't have a foggiest about the legalities of it.

But my advice is make up your mind about the other "boundary" issues and then take absolutely no crap from him. Load up with 00 and tell the prick if your chimney falls in on you, he'll be in the poorhouse, if he lives long enough. Most boundary issues are compounded by the victim being more civilised than the "causal" party.

I'm a loverly neighbour (having had heavy plant incursions from both sides). All quiet now.....
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Old 19 August 2009, 16:58   #12
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Stack

How big is this stack above the lead tray
bricks high times bricks per corse
and number of pots
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Old 19 August 2009, 17:23   #13
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Originally Posted by GRUMPY View Post
How big is this stack above the lead tray
bricks high times bricks per corse
and number of pots
About 10-12 rows high, 4 pots. It's dark so can't count the rest!


The possible border dispute (which hasn't been mentioned yet) is an awkward one. Many years ago-about 15 at least from memory as it was before the previous owners to us bought the place-HE put a fence up for the old lady who lived here-but did it inside his borders by about 18".



Polwart-ta for that. Looks useful! Incidentally, it's 2 chimneys (4 pots) in one casement so unfortunately it IS possible to rebuild half the chimney-though the aforementioned total rebuild would be far preferrable.
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Old 19 August 2009, 17:25   #14
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What exactly is he going to sue you for?
I'd love to know-but the 'no win no fee' chasers will have a go at anything with blood in it.
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Old 19 August 2009, 17:26   #15
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I don't think he'd have a leg to stand on as he put the fence up and I know it might not be right in this case but I believe adverse posession comes into play after 12 years if you have maintained the land?
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Old 19 August 2009, 17:32   #16
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The possible border dispute (which hasn't been mentioned yet) is an awkward one. Many years ago-about 15 at least from memory as it was before the previous owners to us bought the place-HE put a fence up for the old lady who lived here-but did it inside his borders by about 18".
Interesting. You have 18" x whatever of his garden. You have a decision to make. Make peace over the chimney or give him the 18" back and tell him to fcuk off. Your call, really
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Old 19 August 2009, 17:35   #17
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Polwart-ta for that. Looks useful! Incidentally, it's 2 chimneys (4 pots) in one casement so unfortunately it IS possible to rebuild half the chimney-though the aforementioned total rebuild would be far preferrable.
ah but as I see it what the council would be most worried about is the whole lot falling down and hitting someone. I assume even if it were only your chimney that needed rebuilding then they would be able to serve statutory notice on him to allow that to happen - i.e. access to his roof etc. Not sure which dept actually deals with it but am sure building control would be able to point you in the right direction.
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Old 19 August 2009, 17:45   #18
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I don't think he'd have a leg to stand on as he put the fence up and I know it might not be right in this case but I believe adverse posession comes into play after 12 years if you have maintained the land?
I hope it's the case-but I really don't want to put it to the test!

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Interesting. You have 18" x whatever of his garden. You have a decision to make. Make peace over the chimney or give him the 18" back and tell him to fcuk off. Your call, really
This is my thinking too-the problem will be if he decides to be awkward as part of the 18" is concreted with footings and there's a dirty great tree on the original dividing line. I can't easily just give it back.

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ah but as I see it what the council would be most worried about is the whole lot falling down and hitting someone. I assume even if it were only your chimney that needed rebuilding then they would be able to serve statutory notice on him to allow that to happen - i.e. access to his roof etc. Not sure which dept actually deals with it but am sure building control would be able to point you in the right direction.
That's a good point. Besides, I can't see his house insurance paying out if both chimneys fall if he refuses access to fix them...
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Old 19 August 2009, 17:49   #19
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probably waiting for you to offer to pay the full cost, it might be worth offering if its only 30 sometimes a bottle of lubricant helps things along as well
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Old 19 August 2009, 17:50   #20
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Get on the roof one night and take a dump down his side of the stack.... I would.
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