I live in the middle of a victorian terrace and my neighbour had some work done on the roof of her house last year. She told me today that she has a damp patch on her bedroom wall which has been caused by my chimney. Whilst I appreciate that my chimney needs repairing (its leaning slightly towards my roof has done for the last 50 years or so but hasn't caused any dampness on my walls as yet), I was hoping to save up enough to get it done next year. Can my neighbour prosecute me under the Party Wall Act if the dampness is proved to be as a result of a problem with my chimney?