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Chimney Flashing and next door neighbour

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  • 21-06-2013 11:56am
    #1
    bobfrom
    Registered Users Posts: 2 ✭


    A few months ago during heavy rainfall, rain water started to come in through my roof and into my attic and into the hall. After finding out that the problem was the flashing on the chimney next door I contacted the owner of next door and told him the problem. After further investigation it was found that the chimney had a crack running through it. The owner is getting the chimney plastered and repaired. My only concern was the flashing. The next door neighbour is now looking for a 1000e for the work done and rental of scaffolding. What i want to know is if its his chimney is it totally his problem are by law do i have to contribute aswell? It's a terraced house and I do not use the chimney at all.

    P.S. He also says he has no house insurance to pay for it, because the house is vacant they insurance company wont give it to him. Is this another lie to get money out of me?


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    #2
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    put it this way if you don't contribute and he tells you to go fu(k yourself he's not fixing it how will you feel ?


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    #3
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    I am little bit confused to what you are saying. Is this a shared chimney stack?

    If that is the case then it would be hard to say his chimney and flashing caused your problem. The chimney stack would also be a shared responsibility in this case would be how I would see it. However a crack in his chimney would not be yours nor if it was the flashing on his side. Very hard to prove it is the flashing on his side.

    If this is not the case then he should be paying for your repair work from water damage.

    He would be refused insurance unless he made certain changes to the property while it was vacant e.g. draining the central heating and turning the water off at source.


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    #4
    engineermike
    Users Awaiting Email Confirmation Posts: 280 ✭✭engineermike


    bobfrom wrote: »
    A few months ago during heavy rainfall, rain water started to come in through my roof and into my attic and into the hall. After finding out that the problem was the flashing on the chimney next door I contacted the owner of next door and told him the problem. After further investigation it was found that the chimney had a crack running through it. The owner is getting the chimney plastered and repaired. My only concern was the flashing. The next door neighbour is now looking for a 1000e for the work done and rental of scaffolding. What i want to know is if its his chimney is it totally his problem are by law do i have to contribute aswell? It's a terraced house and I do not use the chimney at all.

    P.S. He also says he has no house insurance to pay for it, because the house is vacant they insurance company wont give it to him. Is this another lie to get money out of me?

    Hi OP,
    - Most insurance companies have terms & conditions in policy doc's that relate to unoccupied properties. My understanding is that if you do not report it to them that the property is vacant you can prejudice a claim. Also important to show you were having your roof maintained every couple of years & as ray palmer says - turn off water etc.
    Did you get your own prices for the chimney repair. It seems sensible to get a professionals view on the repair, cost & source of ingress of water.
    And if you decide to share the burden at least you a have comparative quotes & advice, to get the best deal.
    mike f


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    #5
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    If it can be shown that the damage to his property (aka the chimney) caused consequent damage to your property- he would be liable to make good the damage to your property (along with repairing his own property to a sufficient standard that such damage is unlikely to recur).

    What he said about having problems getting insurance on the property because its vacant- is probably true- however it does not mean he is not liable for the damage.

    Far from you owing a portion of the repair cost of the chimney- if it is his chimney, on his property- and has damaged your property- he would owe you for any water or other damage to your property and/or possessions. The fact that he doesn't have insurance- means he is personally liable- rather than an insurance company. In situations like this- you'd normally pursue a claim through your own insurance- who in turn would chase him- however if there has already been remedial work done on the chimney- you're probably too late to go that route.


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    #6
    doubleglaze
    Registered Users Posts: 405 ✭✭doubleglaze


    If it is not a shared chimney stack, then it is up to him to foot the bill.

    If it is a shared chimney stack, then the problem is generally a shared one and the cost of the repairs should therefore generally be shared.

    That said, we had a similar problem in our last house, which had a shared chimney stack. We footed the entire bill for the chimney repair job (in the region of €3000) because, firstly, we had an excellent neighbour and this was our way of thanking him for various favours rendered to us over many years and, secondly, he was out of work at that time.

    We were told by several builders at the time that chimney stacks are often poorly built and that the crack in our chimney and the problem with the flashing was probably due to poor construction rather than the lighting of fires below.


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    #7
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    doubleglaze wrote: »
    If it is not a shared chimney stack, then it is up to him to foot the bill.

    .

    Are you sure ? I don't believe this is correct. You cannot make somebody else repair their property as far as I'm aware.

    Maybe you can point me at some legislation that says otherwise. I don't believe it exists however.

    Which means its a case of common sense and neighbourly relations. I.e offer to split the cost with the neighbor so the work gets done.

    Lets put it this way if my next door neighbor came to my door demanding I get my chimney fixed and I foot the whole bill and I was having no problems from whatever damage was perceived to exist Id flat out refuse.

    However if my next door neighbour came to my door explained the problem they were having, explained what seemed to be at fault, and suggested that we both get a few quotes and split the cost of the repair then I'd happy co operate.

    People don't like to be dictated to nor do they like things to be demanded of them, far better to take a reasonable approach if you want a reasonable outcome.


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    #8
    Victor
    Registered Users Posts: 78,411 ✭✭✭✭Victor


    D3PO wrote: »
    Are you sure ? I don't believe this is correct. You cannot make somebody else repair their property as far as I'm aware.
    There are certain duties implied on the owners of semi-detached and terraced properties, e.g. support and protection. This is particularly the case of properties over 20 years old, under teh time immemorial rule. If the neighbour demolished the property next door, leaving the gable exposed to the weather, you wouldn't consider that acceptable would you? While not deliberate, the neighbour has water on their premises leaking into the OP's premises. http://en.wikipedia.org/wiki/Rylands_v_Fletcher
    However if my next door neighbour came to my door explained the problem they were having, explained what seemed to be at fault, and suggested that we both get a few quotes and split the cost of the repair then I'd happy co operate.

    People don't like to be dictated to nor do they like things to be demanded of them, far better to take a reasonable approach if you want a reasonable outcome.
    Sure, but it isn't unreasonable to determine who is responsible and then strike a balance in how much to contribute or not.


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    #9
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    Victor wrote: »
    There are certain duties implied on the owners of semi-detached and terraced properties, e.g. support and protection. This is particularly the case of properties over 20 years old, under teh time immemorial rule. If the neighbour demolished the property next door, leaving the gable exposed to the weather, you wouldn't consider that acceptable would you? While not deliberate, the neighbour has water on their premises leaking into the OP's premises. http://en.wikipedia.org/wiki/Rylands_v_Fletcher

    Sure, but it isn't unreasonable to determine who is responsible and then strike a balance in how much to contribute or not.

    I'm aware there are certain duties but I've asked to see where there is a law. Linking to English law doesn't answer my question.

    Im not sure your example of demolition a house is reasonable, besides the fact its unlikely to happen, it also requires a demolisionpermit which would have restrictions and obligations attached which would address the exposed gable you refer to.


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