What should we do with the neighbor's exhaust duct?

Questioner

Our owner-occupied home has a chimney, not on the boundary but on our side, with three ducts, two of our flue gas ducts and one duct for the extraction of the neighbour, who does not use it. We now want to demolish this chimney, but the neighbor does not want this because suppose that in the future new residents come who would like to use this channel. These houses were built in 1961 for the housing association. The neighbor bought this one before and now we do, and we are renovating. What are our options, what about fire safety and what are our rights in this regard? Yours sincerely

Lawyer

The neighbour has a right of easement to discharge flue gases via your property and you jointly own a chimney. This is jointly owned. That ownership and the right of easement will be stated in the deeds and have a value. Your neighbour therefore has a point when he states that another owner may still use it. In principle, it is not an argument to lift the easement because it is not being used. For more information, you can contact me.