Right of Footway outdoor -Staircase

Discussion in 'Property Law Forum' started by Joe Mak, 12 July 2019.

  1. Joe Mak

    Joe Mak Member

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    My neighbour has right of footway over my property 1 meter wide to access the water-way . It is very steep terrain and involves a step concreate walk-way and a very old set of 30 Stairs which don't comply with an Building Code . I understand that he has the right to pass over the land but is it my responsibility to maintain the stairway . I am also concerned regarding Insurance as he and anyone he authorises can access the ROW.
    If I demolish the staircase do I have the responsibility to provide Stairs over the ROW as I can not afford to,
    Can I remove structure and leave land to its original condition, which would upset my neighbour but I don't see any other way Joe
     
  2. Rob Legat - SBPL

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    The answers to all your questions should be set out in the terms of grant for the right of way.
     
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  3. Joe Mak

    Joe Mak Member

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    Thanks for your reply. My situation is that the Document gives right of footway pursuant to Section131A of the Conveyancing Act as "right of footway 1 wide " (there are no terms of the grant included ) I spoke to my Conveyancer yesterday that said that the Right of footway would then be fully set out in Part 2 of Schedule 8 of the Conveyancing Act,1919 as amended. I have a copy of Part 2 - Right Of Footway and it gives free right to pass on foot at al times . This direction I would think is applicable to a flat piece of land with no obstacles' .There is no mention anywhere of any structure or staircase in association with the ROW . Do you think I can demolish the staircase and ramp which doesn't comply with any building code and leave it in its original condition. I don't see then that I would be liable to Build a new staircase for the privilege of my neighbour or allow him to construct anything over the ROW as he is not a nice neighbour
     
  4. Rob Legat - SBPL

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    I think you’d want to get some advice form a property lawyer in your state before doing anything. Each state is different. And not a conveyancer - someone who can provide you with a detailed advice on what you can and can’t do with that area of land.
     
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  5. Tim W

    Tim W Lawyer
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    Taking the advice of a conveyancer about something like this
    is akin to a heart patient asking a Hospital Pink Lady for surgical advice.

    I suggest that you take yourself to a lawyer without further delay.
     
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