My Right Of Way Through Neighbours Property Is Unsafe

[Michabel]

My house is accessible over neighbours property by using a steep pathway up the side of their house. This path has a steep drop directly onto a very busy main road (50 miles per hour speed limit). I have a young son who I grip onto for dear life as we use the path. My neighbours are quite aggressive and unapproachable so I haven't had a discussion with them about this as yet. I wonder if anyone knows whether there should be a safety rail/fence/etc in place? This path seems to have been in situ for years and is used everyday by myself and two other neighbours. Im not sure if the path belongs to the neighbours next to it but they claim verbally it is and they have planted some plants along one side. If i get my facts correct and find out from legal documents that it is their path do you think its their responsibility to ensure a safe route (a right of way) by using the path. I could scrape together enough money to purchase handrail but im sure they would not give consent to me to install one. The ramp/path is also used by my disabled brother in a mobility wheelchair. Any help would be great. I would not be able to pay much towards a solicitor, maybe an odd letter. Thank you. Cant sleep worrying about it.

[boxtops]

Are these houses privately owned, or tenanted? If the former, you should be able to see who owns the path, by your deeds - it may be a shared responsibility. If it's tenanted, you should speak to the landlord. It sounds very risky, not to have any sort of barrier.

[Old_Geezer]

I don't have any legal training but I do wonder if, when stuck with a right of access across ones property it necessarily comes with a responsibility to those who exercise that right. It may do I suppose, the law is a strange thing, but it might be that one uses the path at ones own risk ? Particularly those who buy property knowing they need to use the path already there to reach it. I'm just wondering if this would need to be checked on a case by case basis.

[cassa333]

You need the wording on your deeds and theirs. Are the properties LA or privately owned by the occupiers or are you a private tenant?

There may be a provision within the deeds for a contribution towards maintenance by all those that use the ROW. However if putting a rail in is an improvement the owner probably won't have to do it. You could suggest it and see what they say but as you have said you are prepared to bare the cost they may be more ameniable to the idea.

Is this the only access you have to your property?

[Peter Pedant]

Not wishing to be contentious - if I had a right of way across my land, and I wasnt doing anything to make it unsafe ( untethered bulls and so on ) I would be less than impressed with someone saying - I dont think it is very safe when I use it you know ....my first reponse would be you have a choice and dont use it - use the other access....

Did I read right ? Is there a disabled user using it without er well injuring himself ?

First of all - you need the deeds and what they say....

We dont have all the facts - if you have a disabled user using it, then I think it would be very difficult to establish it is obviously dangerous BUT
an occy health assessment on him and not the child might agree that a rail was required in which case you both get it free and the tax payer pays

[jomifl]

Is this right of way your only access or is it a shortcut?

[joko]

i agree im afraid - it is only 'unsafe' because you fear for a child using it - in itself, it is not unsafe - i assume no-one else has ever fallen etc.
if it has been fine for years and suddenly a neighbour was expecting me to do something unnecessary for their needs i would not be too willing to pay for it - i would however allow you to put up your own rail - so your first port of call before anything is to ask them if they will allow it

i would suggest you write a letter explaining your concerns and maybe enclose a photo of the fence you intend to put up - do not speak accusingly or 'hint' that you feel they should pay etc - just in simple terms, explain your worry - calmly, without any drama - and ask for permission to put the rail up
i would assume it will benefit everyone so cant see why they'd object.

if they say no and if this is a short cut and not your only access i'd suggest you use the other access - even if it adds time to your journey.

[Michabel]

Hello
Firstly, thank you to all who answered my question. Its seems the general feeling is the path could be used at my own risk and to check the deeds. I have additional information to answer the questions. My cottage is rented at the moment but the landlord has given me the option to buy this summer. All other 4 cottages on the row are privately owned. I have no access to the deeds at the moment as the landlord is abroad. I wouldn't ask him about the handrail at the moment as I am having extensive damp work carried out on this rented property and hes having to pay a lot of money out on the cottage. I don't want to upset him and can manage the path until summer by using the alternative entrance at the front of the cottage. It has five high steps. This entrance cannot be used by my brother in his wheelchair who visits most days ( i have to use the path with him and my son every time he uses it) but he doesn't live with me. Also, the path has to be used without choice to wheel the bins out to the front of the cottage. I may have given the impression that the path is steep, that is not exactly the case. The path is easy to walk up and down, it is fairly steep but that is not my concern as we have no problems walking up and down or with the wheelchair.. The concern is that at the very edge of the path all the way down from the top to bottom is and immediate drop onto the road. There is no pavement below just a big, big drop. At the top the drop is approximately 9ft and the path from the road is possibly about 6ft from the actual road surface. The path just goes along at the top then ends with a huge drop, I wont be using it when it snows!! I accept if I use the path and trip over its at my own risk, but thought as a row it may mean the path cant be obviously dangerous enough to kill someone if they slip off the edge. I think it may well be decided on a case by case basis. I have been denied permission to lock her gate from my garden to the top off the path. If my son runs out my back door, turns left and runs forward for 4 seconds and doesn't manage to stop in time he would fall onto the road almost certainly. Maybe the issue I should be raising with my neighbours is why she wont let me attach a bolt onto her gate which separates our gardens. Or in the cold light of day I see that to buy a cottage with unreasonable neighbours, strange row and a garden which can not be secured for my young son is maybe not an ideal choice. Apart from that I soooo love this place!! and really want to live her. Many thanks again for your answers.

[ToraToraTora]

do you have to use this path?

[woofgang]

I don't mean this unkindly but because the cottage isn't suitable for you and for your needs doesn't mean its unsuitable for everyone. If it was me I'd be thinking twice and tree times about whether you want to buy it!

[joko]

you could put some sort of trellis structure, or bench, or some sort of barrier in your garden that your son cannot pass.