Neighbors contribute to chimney?

Questioner

We have a shared chimney with our neighbours, which is right in the middle of our houses. Because we have had a leak in the chimney for a long time, and have tried several things such as laying lead differently, new joints etc. but nothing has helped, our last resort is to have the chimney removed. Many other residents have already done that, because almost all of them have leaks in the attic. And after removing it, no more. Our neighbours have had leaks, but not at the moment. So they don't want it to come off. But we have little choice, so it really has to come off. Now my question is, are the neighbours obliged to pay? I would like to hear from you. By the way, it is a terraced house. Thanks in advance Greetings

Lawyer

I think it is wise that before you enforce demolition at both costs you have a leak detection carried out to be certain where exactly the cause of the leak is, and whether this is caused by the (age of the) chimney. You can make agreements together about how you divide the costs of the investigation, for example on the basis of equal, proportional, on the basis of unequal, etc.

Lawyer

A chimney that is in the middle and used by both neighbors is usually shared. Your deed may describe what the rights and obligations are, but that is usually a proportional division of the burdens and joint decisions about the condition, work and/or removal. Of course, it may then be the case that a party has not fulfilled its obligations and must be held liable for the damage caused by this.