Party wall legalities

[Ixia]

I've separated this topic from my thread below, in the hope that the title might catch the eye of any legal bods on the forum. Hope that's OK.

If smoke is leaking from our fire into next door through their side of the wall, who is responsible for the repair?

 

[TomW]

There is a party wall act, if you google, you get a lot of responses although a lot of these are solicitors touting for business. Some of the information may be useful however.
I assume English law still applies in the Isle of Man?

 

[Stephen]

I am not convinced it is a Party Wall matter under the Act at present. If or when you do work to the chimney that could then fall under the Act but even then it depends on what you do (lining the flue is not likely to be a PW matter).

Without a very detailed description and/or photos and/or drawings of the construction I am not sure any of us can give any 'definitive' guidance.

Under Tort you are responsible for any 'damage' or other issues that are caused by something escaping your property. I can see a viewpoint that your neighbour could regard the escape of flue gases (especially if Carbon Monoxide) as being an escape of noxious/health threatening material from your property. You could be held liable.

The above assumes the chimney is wholly serving your property and is in no way shared in terms of use. If it is shared in any way there might be an argument that the neighbour should have maintained their side of it.

If the chimney is not shared, but the face of it forms the 'party wall' the issue of maintenance is perhaps more complex but I suspect is more likely to fall to you. In any event if the 'damage' leading to the leaking flue gases is not readily visible the neighbour could hardly be expected to know there was any need for maintenance on their side (if indeed this is the case).

I did not read the whole of the other thread and may have missed some points, but I think that until you decide what work you are going to do the Party Wall issue is a non-starter. The Act deals with works that are to be undertaken, it does not deal at all with maintenance.

From my brief reading of the issues I would suggest that if the chimney could be lined in some way that would be the most practical/pragmatic outcome, even if it costs you - remember that taking legal action could cost a lot and with no guarantee of success.

Sorry if I have missed any points or misunderstood, but I saw this thread and thought I would give a quick response to see if it helps you.

Stephen

 

[stephenh]

The 'Party Wall etc. Act' applies specifically to England and Wales - I think you will find that Scotland, N Ireland, Channel Isles and Isle of Man are excluded.

Under common law however, which does apply to the IoM, I think you would find that you are responsible for your smoke leaking out of your chimney flue.
The fact that the wythe (sp?) is shared would make no difference.

I would take local legal advice on this.

You could get the chimney lined ? A bit expensive - but better than being sued !

Good luck and make sure Father Christmas doesn't get stuck........... :!:

 

[Ixia]

Thanks for that detailed reply Stephen. I think that pretty much puts us back were we started, our initial intention was to just put a flue in the chimney, as I don't really want to take the risk with someone else's health. Plus it's a tight knit community, the neighbours are well known and we don't want to fall out with everyone.

My daughter has been most concerned about Father Christmas getting stuck," because that's a small pipe and he has a very big tummy " :lol:

 

[AMc]

My daughter has been most concerned about Father Christmas getting stuck," because that's a small pipe and he has a very big tummy " :lol:

Reassure your daughter Father Christmas can get down any chimney despite his and its "pot" - he can even get into houses with no chimney at all.
I know some kids who are frightened of him because of his ability to stealthily 'reverse cat burgle' their house on Christmas Eve.