Right of Footway outdoor -Staircase

[Joe Mak]

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

 

[Rob Legat - SBPL]

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

 

[Joe Mak]

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

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

 

[Rob Legat - SBPL]

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.

 

[Tim W]

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.