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This is a specific question relating to the Scottish legal system, so any English advice regarding party wall act won't help unfortunately.
We live in a terraced property, chimney stacks are shared with the properties either side. The title deeds are silent on the subject of responsibility for chimney repair costs, and there is no such thing as a party wall act in Scotland. In absence of title, shared repairs are normally handled under the tenement act Scotland, however it only covers properties "split horizontally" and not "vertically adjoining" properties, so does not cover us (council and solicitor have confirmed this), although not applicable, the tenement act does state chimney repairs would be split according to the number of flues each property has in the stack.
I've taken informal legal advice and been told it would be "generally accepted" that in our instance the cost should be split per the number of flues in the stack. In the case of this repair we have 1 flue and the neighbour 7, so it's quite a difference in cost on a several thousand pound repair.
I'd rather not have to pay for formal legal advice, but neighbour doesn't seem so sure about our claim of a 7/1 split so far. I don't want to be a **** about it, but need to remember that on the other side of the house we have 7 flues on that stack so if the other side needs done we would pay the majority, so don't want to overpay for this repair!
Has anyone had a similar situation or aware of any sort of precedent for repair split in this instance that might help and save me paying for a solicitor? Google is drawing a complete blank.
What repair is needed, do you need to do the other side?
A 7/1 seems a strange ratio. Pics of the stack?
The render is failing and causing water ingress into their property, best case it can be re-rendered, worst case rebuilt. The repair itself I am happy with, and have had our preferred contractors look at as well as theirs, all 4 agree on the problem and fix.
7/1 is indeed the split (and 1/7 on the other side), we had all chimneys on both sides inspected when we moved in by the sweep so we understood which belonged to whom, we can also identify all fireplaces in each property, in our house all but one are on the East party wall, only one fireplace on the west.
Can you not talk to each set of neighbours and agree 50:50? Granted it might involve the whole row agreeing such but surely better than 1:7. What if the flies had been unaccessible and the source was unidentified?
That’s the pattern on the terrace, you’ll be the screwed rather than the lucky one when the other side needs to be done. Your neighbour should understand that.
That's my perspective but they don't quite seem to share that and are currently suggesting it should be 50/50.
Can you not talk to each set of neighbours and agree 50:50?
I think that's a very lengthy task, and probably legally then requires it written into the title deeds for each property. Plus it increases my liability threefold for this work! Also end terrace would then be less keen, why would they agree to a greater share of a stack where they only have 1 flue when they have full responsibility for the stack on the gable end.
We split roof replacement and chimney repair costs based on proportion of total floor area of the 5 flats, one shop and one house. This was in Aberfeldy. This was on advice of the factor who was property surveyor and was agreed as best thing by our solicitor.
what are the costs?
As the water ingress is into their property then that would suggest fixing is more of a pressing issue for them. Why not suggest they pay for the legal opinion if they are so convinced they are right.
We've just been through this with a tenement flat in Edinburgh. There's been no talk of number of flues, only the number of flats in the block.
...water ingress into their property...
If I'm right in assuming this also means no water ingress into your house, them I'd be pushing for a 0/8 cost split in your favour. 😁
Maybe a done deal in your case, but FYI it is very clear in the tenement act that it is split by number of flue and not per property, section 3 here. It's possible the titles may say something different though.
Yup, I think this is where it will get to unless I can get more evidence, my hope from posting here was perhaps someone might have some sort of guidance or precedent they were aware of that I could send their way. I'd rather neither of us had to incur cost if we don't have to.
All in it's about £6k or so, so the difference in share is quite significant for me.
Lol, well that's one way of looking at it, but as I also said in the first post, I have no desire to be a ****, just want to make sure everyone pays the share they are liable for.
As an aside how are the chimneys on the end houses set up? Do the share as 50:50 because all the flies terminate between houses or are their costs 100% on the outer chimney and 1:7 on the inner?
No idea, and don't know any of the end terraces well enough that I could ask. They do have stacks on the gable end though so assuming their deeds are silent then the same principles should apply, yes, 6/6 on outer and 1/7 of inner.
youve made a sensible offer, 1/7; they can accept it and quickly resolve or they can pursue other options! That said I’m thinking it’s probably not a hugely expensive repair so I might be inclined to invest in neighbourly relations - but putting in writing that this does not create a precedent and you understand the normal split is prorata on number of flues.
That said I’m thinking it’s probably not a hugely expensive repair so I might be inclined to invest in neighbourly relations
As above, total is about £6k, which is a lot to invest in neighbourly relations! But for smaller sum I'd definitely be of the same view.
Let's be objective.
They have the problem with water ingress and they have the majority of flues/use and should pick up the majority of the bill
Understandably, 50:50 isn't acceptable to you so make a counter-offer; 8 flues = 12.5% each, would you be happy at 25%?
It'll be cheaper and quicker than dealing with solicitors