Neighbour's chimney leaking into my house

Think I've been looking at the wrong chimney, take it this one is the bone of contention?.

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possibly, how would I know?
Thats for the op to say.

However that chimney is only a small one compared to the ones we have, ours are made with stone and about 4 times the size of that one lol.

Are you saying that the OP has shallow alcoves in his loft, bedroom and downstairs room caused by the neighbour's chimney?
 
Does the OP mean that the chimney in question, or rather one side of the chimney is formed by the party wall?

If that is not the case, the only other way would be for the OP's property to have a chimney breast extending into his property, which was nothing to do with his property.
 
Chimneys in terraced houses often straddle the party wall because the fire openings in adjacent properties are back to back.
Where they are not back to back then one side of the stack will usually, but not always, form part of the party wall. This is why sometimes your internal wall opposite your fire can feel quite warm. The heat is from your neighbours fire.
Where one side of the stack is part of the party wall it can lead to problems for the neighbour if the seal or flashing around the stack is not fitted properly or deteriorated over time. I don't know the definitive legal position on who is responsible for repairs/maintenance but I would certainly suggest it is the owner of the chimney as you have to maintain your property so it is not a detriment or danger to other members of the public.
If I had a CH home and my neighbours chimney boarded my property I would hold him responsible for looking after his own chimney. He could willingly have permission to go on my roof to maintain/repair it so long as he did it using the correct equipment and paid for any damage he caused.
 
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