Neighbours Chimney - Causing Damage

cathberm

I'm trying to find an outline of responsibilities for homeowners regarding damage to their neighbours property. I understand this is not for specific legal advice, but maybe someone could give an indication of where one would go from here and typically where you stand from a legal footing.

Details are as follows:

• Two newly purchased properties
• Damage from neighbours chimney resulting from water ingress (also possibly smoke/gasses) - cracks, plaster falling off wall, erosion of soil under floor, persistent wet walls, damage to woodwork, persistent dampness possibly contributing to mould
• Neighbour requested to provide details of planned works to fix problem = Evasive; do at some point, but not now

What would one normally do in this situation?
Are there any grounds for repair of historic damage (as it is substantial).

Thanks

Victor

How old are the buildings and how (likely) long has the problem been going on?

Install smoke / heat / carbon monoxide detectors ASAP.

Procrastastudy

Have a google of nuisance and negligence. The former probably being the more useful in your scenario.

cathberm

Victor wrote: »

How old are the buildings and how (likely) long has the problem been going on?

Install smoke / heat / carbon monoxide detectors ASAP.

Hi Victor, thanks for your reply.
Buildings are 1850's. I'd say the problem has been there for several years (10+ yrs; guess based on the amount of damage), but may have intensified in the last 3-5. No broken slates etc. on our side.

It is definitely more apparent after a spell of heavy rain - can see it slowly trickling down attic wall which then percolates through the building, particularly through the cracks (which are full of soot). Previous owners seem to have done many patches, but these are blistering/falling off now. Looks like heat from neighbours chimney may be compounding problem by evaporating water in the wet lime plaster wall.

CO monitor installed today.

cathberm

Procrastastudy wrote: »

Have a google of nuisance and negligence. The former probably being the more useful in your scenario.

Thanks Procrastastudy, will do that.

cathberm

Procrastastudy wrote: »

Have a google of nuisance and negligence. The former probably being the more useful in your scenario.

We found some very useful info. Thank very much Procrastastudy. I wouldn'thave known what to search for.

It's my brother's house - As a favour to me he's letting me stay in it untilhe returns from Oz. I just don't want it to 'fall down' on my watch. I've beenhaving a rough time with respect to my health. Can't face getting into an argumentwith the neighbours. Want to be in a position to present them with thefacts/supporting legal info if they continue to avoid the matter. Failing that,I'll need to go to a solicitor on my brothers behalf.

I do notice an increase in the wall/plaster damage in the past month.I also notice extensive mould growth which can't be good for one's health. I'mtrying to ensure the house is well ventilated (although I don't think this hasanything to do with it - with old sash windows the house has substantial air circulationas it is).