neighbour didnt repoint chimney - now its in danger of collapse - help

[billathome65]

Hi guys

 

A little advice and guidance needed.

 

Some years ago our neibour spoke with us stating that a builder she knew stated the chimney needed re-pointing and offered to go halfs with us to keep cost down which we did however only half the chimney ( Our half ) was done we discovered that whilst she gave him the go ahead she chose not to have her side done which was just crazy.

 

skip to present day and I had a builder friend doing some ridge repair work on our roof and he asked me to loan him my phone and he proceeded to take pictures of the chimney stack he then informed us that the chimney as it stands is unsafe and ready for a good gust of wind as due to the fact that next door have not had their side of the chimney re pointed it has affected the stability of the stack.

 

He has given me a really good quote for the work which I'm happy to pay but not for doing her side.

 

I need to chat with the neibour sharpish on this however should she decline to pay her share and the stack does come down where do I stand as I will have given her the opportunity to rectify this now in advance.

 

How to go about this??

 

Cheers

[renegadeimp]

Dont go into what if's. Ask her, provide the builders info and report, and see what she says

[BankFodder]

It might concentrate her mind if you explain to her gently that now that she knows that there is something wrong with the chimney stack and that it is posing a potential danger, that if it does collapse and cause damage, her insurance company will refuse to provide cover and she will have to pay for all of the damage to her house and to yours out of her own pocket.

 

She probably hasn't seen it this way before.

[billathome65]

Hi cheers for the response I don't like what if's myself but previous experience is key to my skepticism.

 

If the builder did a report and she refused would her insurers refuse to pay up should the worst happen?

 

I know she is on hard times currently but we all are but don't want to put her in any more difficulty if I can help it and as this builder is a good friend he is offering the work at a knock down rate.

 

He has said if she gives the go ahead to do the work he will also repair a hole in her roof as part of the price.

 

He is semi retired and only takes on small jobs now to keep his hand in and make a few extra quid.

 

Cheers Bill

[BankFodder]

She is under an obligation to maintain a house and to reduce risk as much as possible. She is under an obligation to you and she is under an obligation to her insurers.

 

This means that if the insurers came to know that she was aware of this existing problem and had done nothing about it, then they would very likely deny liability and they would probably be entirely justified.

 

You could certainly explain the situation to her. If she still refused and the worst happened, then it would be a matter for you or her to disclose to the insurer that you knew about the problem. I suppose that if nobody told insurer then they would never find out. However, this wouldn't be very proper behaviour.