Responsibilities for Chimney Repairs
Our neighbor’s chimney collapsed a while ago as a result of neglect. The chimney is right on the party wall between the two brownstone buildings, but the flues are all my neighbor’s. (Our own chimney is facing the neighbor on the other side.) My neighbor is under the impression that we are responsible for repairing…
Our neighbor’s chimney collapsed a while ago as a result of neglect.
The chimney is right on the party wall between the two brownstone buildings, but the flues are all my neighbor’s. (Our own chimney is facing the neighbor on the other side.)
My neighbor is under the impression that we are responsible for repairing our side of the chimney, regardless of the fact that the chimney’s usage is actually hers.
The chimney structure sits on the party wall, but the chimney breast protrudes more into her property than it does into ours.
Besides the cost for the repair, I am wondering about a potential hazard if any further collapsing would occur, because one of the flues is actively used for her (!) oil burner in the cellar.
Can anybody shed some light on the legal situation? Who is responsible for the repair?
From what I’ve read the partywall itself is the responsibility of both parties. So repointing, brick repair, etc. are likely to be the responsibility of both homeowners. One owner may extend the wall upward or downward (add floors above or excavate basement below) as long as the work is within code. You should check deeds and covenants around this. That said, the chimney breasts and flue stacks may be attached to the party wall but may not be part of it. If the chimney and flues are on your neigbor’s side of the wall – not within it – then they are most likely your neighbor’s responsibility. In addition, anything that your neighbor might do that has or could compromise the party wall is likely her responsibility. There are two steps you will likely need to take: 1. get a survery of the party wall from a firm that specializes in this work; 2. consult with an attorney with specific experience in party walls. The cost of both of these will likely set you back several thousand dollars – and since this is related ot the shared wall these costs would be shared between the two parties. I wouldn’t proceed with these steps without some agreement between the two of you otherwise you’ll just wind up in small claims court. Even if you take a simple route and negotiate doing work on the portion of the wall that faces your roof and have her pay for the flues etc. in her building, get some understanding of the legal contracts and liabilities involved up front. Be pragmatic but ensure you’re liability is very limited.
Or does she have a metal liner? In that case, it may well be intact even though the bricks have fallen down all around it. In that case, you may have less to worry about. She, on the other hand, might find bricks raining down on top of her — lethal.
I am surprised her boiler is even functioning. Surely her house is full of carbon monoxide.
Each house has its own chimney, and the only instance where you could conceivably be responsible for any work on your neighbor’s chimney would be if you were building an additional floor on your house that required extending the chimney to a height required by the height of the new addition. Maintaining the chimney of any particular house is the responsibility of the owner of that house, and failure to maintain it would expose that owner to any liability resulting from damage to the neighboring house.
You should make this clear to the neighbor, and if they fail to address the problem, you’ll have to force the issue.
Consult your real estate attorney. To the best of my knowledge the chimney does not qualify as part of the party wall, a structure existing for support of each respective adjoining building. Is there a party wall agreement as part of your title, or on file with the Office of the New York City Register?
Chimneys are not shared between neighboring houses. On row houses they were always built on party walls and as you’ve noted your house has them too,on the opposite wall. I would think that this is a fairly serious problem for both your and your neighbors houses due to flue gasses and sparks on the roof. A call to 311 is in order, I would guess that the DOB would have something to say, perhaps the fire department as well.
With only your side, it seems pretty clear that it’s her chimney and solely her responsibility. What is her explanation about the shared responsibility? Have you talked to her? you need to communicate very clearly, in writing, what your expectations are about the neglect and your concerns over the boiler flue and the timeliness of the repairs that need to be made. If she doesn’t answer within 30 days, let 311 sort it out.