Footpath

davidmcn

princeofpounds said:

davidmcn said:

Assuming the titles don't say anything else about it, and all you have is a right of way, that doesn't imply you have a right to carry out maintenance or that the owner can require you to contribute to the cost of maintenance. Maintenance is up to the owner.

Davidmcn, I believe that is incorrect.

I'll repeat my point from earlier in the thread - Maintenance of a right of way is an ancillary right. There is a whole doctrine of ancillary rights that come with right-of-way easements, thanks to all the case law over the years. The whole idea being that sometimes enjoyment of a right of way requires the implied ability to do things which are not just passing along that right of way.

The owner actually has no obligation to maintain a basic right of way (unless that obligation arises in another manner) but the beneficiary of the easement has a right to maintain the right of way in a reasonable manner. 

Fair enough - it's probably academic anyway, as I doubt many owners would actually object to somebody else maintaining their property at their own expense.