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Old 19 August 2009, 13:55   #1
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Any solicitors here? Neighbour problems...

I could do wih a bit of advice from someone who knows...

We share a chimney stack with our neighbour. His half was rebuilt a good few years ago before we moved in, but for some reason ours wasn't.
Our half is in a right state and ready to fall down if we get a good dose of gales this winter-which will take his with it.His needs repointing anyway.
I've finally got some builders I trust to do it.

We offered to get his half of the shared chimney rebuilt at the same time as ours so it was a complete new unit-all for a cost of 30 quid to him(the balance of the difference as it's easier to rebuild the whole thing than half of it).
He ummed and arred, messed us about and now he says he doesn't want the noise on his roof-but they'll have to be on his roof just to do ours so he's now stopping us getting ours rebuilt too.
The builder is quite rightly worried-saying he won't start the job in case he gets sued by our neighbour...
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Old 19 August 2009, 14:07   #2
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You have certain easement* rights to access your property - so he can't stop you. Why can't you access your chimney from your roof?

"An *easement is a right benefiting one piece of land (known as the dominant tenement) that permits the rightful users of that land to perform specified actions over an adjacent piece of land (known as the servient tenement). Probably the most commonly used easement is one that allows the underground services (water, drainage, gas, electricity, telephone and TV cables, etc) of one property to pass beneath the land of one or more neighbouring properties. Perhaps the most widely known easement is the private right of way.

Usually the "rightful user" I have referred to in the preceding paragraph is the owner of the dominant tenement. In the case of a private right of way it is anyone with a legitimate purpose for visiting the land (which could be the rightful owner, his immediate family who live there, any servants or staff who work there, anyone visiting the land for social or business or duty reasons). This explains why the postman (for example) may make use of the private right of way even though he does not own the dominant tenement.

An easement may be created "of necessity". Thus a piece of land will have a right of way of necessity over a road, track or path leading to it if that route is the only means of access between the public highway and the land."
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Old 19 August 2009, 14:12   #3
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What exactly is he going to sue you for?
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Old 19 August 2009, 14:33   #4
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What exactly is he going to sue you for?
Sounds a right nutter,maybe he'd prefer the type of noise and inconvieniance of the whole friggin chimney FALLING THROUGH HIS ROOF!! You do come across these people,they usualy lead dull mundane existances,thier only joy being TRYING to exersise [thier no doubt imagined authority in this case] over people going about thier own buisness!
Like Chewy said ,WHAT IS HE GOING TO SUE YOU FOR!
In my experiance the more you pander to this type of A-hole the worse he'll be!sounds like he needs 'educateing'.As far as legality,can't see how he can stop you!
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Old 19 August 2009, 14:46   #5
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It says in my Covernent that I have access to my neighbours properties for maintenace reasons irispective of what they think.

Perhaps you have a clause in yours too?
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Old 19 August 2009, 14:48   #6
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Originally Posted by neilda View Post
You have certain easement* rights to access your property - so he can't stop you. Why can't you access your chimney from your roof?
The problem is the whole chimney needs scaffolding to support his half if we only get our side fixed.
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Old 19 August 2009, 14:52   #7
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It says in my Covernent that I have access to my neighbours properties for maintenace reasons irispective of what they think.

Perhaps you have a clause in you're too?
We do. I really don't want this to escalate though-for other reasons like there may be a border dispute if he decides to get nasty.
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Old 19 August 2009, 15:06   #8
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We do. I really don't want this to escalate though-for other reasons like there may be a border dispute if he decides to get nasty.
Whats the problem then Nos,did'nt relise you were such a shrinking violet!ha!..just send Liz round she'll get it sorted!
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Old 19 August 2009, 15:16   #9
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Nos, The following applies in Scotland - I assume it (or something similar) applies in England too. I'm not a lawyer - so some of this is my interpretation.

Where properties share parts of a building for which they would be mutually responsible for repairs (including chimney stacks - as you can't fix 1/2 a chimney!) then the council can place a statutory notice on the owners requiring them to do the work, and the council will apportion the cost. If the work remains uncompleted within the required timescale the council can arrange for the work to be done and charged to the owners.

I assume the builder is saying he doesn't want to get involved as the other owner is obviously a tit and so will claim he broke tiles/caused damage even if he didn't - and he's got jobs he can do elsewhere without that sort of grief.
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Old 19 August 2009, 15:34   #10
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We do. I really don't want this to escalate though-for other reasons like there may be a border dispute if he decides to get nasty.
My take would then be as 30 niether here nor there,the border dispute may be the way he wants it to go, and now he got a reason..
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