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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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We have a shared drive with 4 houses, to drive to our house

Customer Question

We have a shared drive with 4 houses, to drive to our house you have to drive past house a. This person has grown a wisteria over hanging the driveway. We are now moving and need to get a 40ft lorry up the drive, it will not ge able to get through without hitting the over hanging wisteria or costing us an extra day and more money to not come up the drive. We have politely warned her the lorry may hit it and she should prune it, but she said not her problem.Where do we stand on this? what if it damages her house?
thank you
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

So this hangs over the boundary onto yr property?

Will she let you cut it?

Customer: replied 3 years ago.


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

Expert:  Stuart J replied 3 years ago.

Who actually owns the drive over which it hangs?

Will she let you cut it?

Customer: replied 3 years ago.


It is a shared drive for the 4 houses

Expert:  Stuart J replied 3 years ago.

Is it in 4 names on the deeds?

Most unusual.

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.

Customer: replied 3 years ago.


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?


thank you

Expert:  Stuart J replied 3 years ago.




If the wisteria hangs over your part of the drive, you
are free to remove it with impunity where it comes over the boundary, but the
pieces do not belong to you, so the neighbour is entitled to ask for them back.

Please bear with me today because I will be online and
off-line.

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The thread remains open for us to continue this exchange



Stuart J, Solicitor
Category: Law
Satisfied Customers: 22401
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Law Specialists are ready to help you
Customer: replied 3 years ago.

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?

Expert:  Stuart J replied 3 years ago.




The situation is somewhat different if it is on her part
of the path.

In that case, it would come down to whether the
obstruction is a substantial obstruction. I think that's unlikely to be the
case purely because you want a truck down there, which is probably the maximum
size that could be got down there.



If you damage the wisteria you are responsible for the
damage, although how exactly would compensate someone from a damaged wisteria
would be almost impossible to quantify



Customer: replied 3 years ago.

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!

Expert:  Stuart J replied 3 years ago.

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.

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