So this hangs over the boundary onto yr property?
Will she let you cut it?
hello - no we asked her to prune it and she said she had & there was nothing she could do, but it isn't enough to allow the lorry through
Who actually owns the drive over which it hangs?
It is a shared drive for the 4 houses
Is it in 4 names on the deeds?
Do you each own a bit and have right of way over the other 3 bits?
Even more unusual.
Does one own it and all 4 use it? most likeley.
I will need to check my deeds that are at home for exactly what the boundaries are - I haven't had any issues so I haven't needed to worry before! I have a feeling that that bit of the drive is mine but I will check.
is there anything I need to know or be aware of when I know?
If the wisteria hangs over your part of the drive, youare free to remove it with impunity where it comes over the boundary, but thepieces do not belong to you, so the neighbour is entitled to ask for them back.
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You've been very helpful thank you.
Just one last question what happens if the wisteria is on her part of the path but we need to drive down it with our lorry to get to our house? is that possible? what if we damage the wisteria?
The situation is somewhat different if it is on her partof the path.
In that case, it would come down to whether theobstruction is a substantial obstruction. I think that's unlikely to be thecase purely because you want a truck down there, which is probably the maximumsize that could be got down there.
If you damage the wisteria you are responsible for thedamage, although how exactly would compensate someone from a damaged wisteriawould be almost impossible to quantify
I think the lorry will hit it, it's half way across the entry point.
It is just whether it damages the lorry (scratches) or as it is attached to the front of her house, whether it is pulled off.... !!
I suppose your point on compensation ...I was more concerned she coul sue us or something!
If it damages the lorry, that is one for the driver to worry about.
If he drags it off the wall with the truck and it damages the house, that too is his problem.