Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Chimney Flashing and next door neighbour

  • 21-06-2013 11:01am
    #1
    bobfrom
    Registered Users, Registered Users 2 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?


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    bobfrom wrote: »
    It's a terraced house and I do not use the chimney at all.
    Was the chimney originally usable from your property?

    How far is the chimney from the boundary line? If on or at the boundary line, you may have a problem. However, if none of the chimney, flashing, etc. isn't on or at the boundary line, I would be every reluctant to pay. €2,000 seems a lot to repair a chimney in the current market and he might be trying to stiff you for the full amount.
    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?
    Many insurers insist on a certain minimum level of occupation, e.g. one day per month if they are to insure the property. If that isn't there, there is a heightened risk of severe flooding if a pipe is damaged / leaks. Additionally, there risk of vandalism and/or burglary is still there, with nobody to counter it, this leads to a higher than normal fire risk.

    That is not to say he isn't trying to just get money from you.


  • #3
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    As Victor asks, are you sure the chimney is not shared?

    I.e are all flues on your house going up thru a chimney on the far side of your house.?

    If you have flue going up thru the chimney being repaired you may have to go halves- Doesnt matter if you do not use it


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Does Rylands v Fletcher apply? http://en.wikipedia.org/wiki/Rylands_v_Fletcher

    The neighbour hasn't brought water onto the property, but may be negligent in allowing it in, by virtue of not maintaining a vacant building.


  • #5
    ldxo15wus6fpgm
    Closed Accounts Posts: 1,359 ✭✭✭ldxo15wus6fpgm


    Victor wrote: »
    Does Rylands v Fletcher apply? http://en.wikipedia.org/wiki/Rylands_v_Fletcher

    The neighbour hasn't brought water onto the property, but may be negligent in allowing it in, by virtue of not maintaining a vacant building.

    That's what I thought of at first but Rylands appears more applicable where the alleged tortfeasor has collected or gathered a material on purpose. I can't remember the case too well, but I'm not sure rainwater trickling through a damaged chimney would open the door for Rylands. Sounds like a nuisance claim would be better suited?


Advertisement