Repair of right of way to a safe standard

Re: Repair of right of way to a safe standard

Postby starryfish » Wed Apr 27, 2016 4:49 pm

arborlad wrote:
starryfish wrote:Recently, while investigating a break in at a filling station, the police officer tripped over a broken kerb and hurt herself. She sued the garage owner.




The kerb wasn't broken and was identical to the millions found on highways everywhere - she withdrew her claim. It happened at midnight and begs the question why she wasn't using a torch, which is standard issue and should have been with her at all times.


The real point of the comment was not the outcome or the details, but the fact she tried (or attempted to try) to sue the owner, not her employer, which is the discussion point here. If there is a mishap by someone such as a postman on this drive, who would be at risk of being sued, Petal, the employer or the drive owner?

There does not seem to be a consensus of opinion on this point.
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Re: Repair of right of way to a safe standard

Postby COGGY » Wed Apr 27, 2016 6:17 pm

If the owner of the right of way will not allow any maintenance, then surely it must follow that he is responsible should anyone have an accident caused by the bad state of the right of way?
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Re: Repair of right of way to a safe standard

Postby arborlad » Wed Apr 27, 2016 7:07 pm

petal wrote:How much has the right of way deteriorated since your purchase? There have been repairs to the drive during my time, some of which I assisted with when the Farmer was alive (the father of the three brothers and one sister). Since his passing (12 years) and ownership passing to the children virtually no repair work has been carried out, the concrete has multiple cracks, and many potholes varying sizes up to a couple of square feet, and depth of up to 3 inches.



That's about a bag of Tarmac per hole, are there any holes out of the way you can practice on. It will need compacting to achieve a 'set', so being driven on wont harm it, provided you've got it fairly well levelled first.
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Re: Repair of right of way to a safe standard

Postby arborlad » Thu Apr 28, 2016 2:32 pm

petal wrote:What defines someone as an 'occupier'



In the context of this thread, it will not be you.
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Re: Repair of right of way to a safe standard

Postby petal » Thu Apr 28, 2016 4:01 pm

arborlad wrote:
petal wrote:What defines someone as an 'occupier'



In the context of this thread, it will not be you.


Thanks.
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Re: Repair of right of way to a safe standard

Postby haradan » Tue May 31, 2016 11:17 pm

mugwump wrote:As I understand it, this drive is also the drive for the neighbours house that the other houses have ROW over

In which case the owner of the drive will be liable for any accidents under the Occupiers Liability Act to anybody who is there for a legitimate and authorised purpose which includes access to the properties that have the ROW




Is the owner of a drive ( not the drive which started this thread) liable for any accidents under the above mentioned Act if they have engineer.'s report & CBR & core test results showing it is " grossly inadequate" for a purpose which the owner of the dominant tenement intends to use it? Or can the drive owner, in order to protect themselves from being sued,suspend the use of the ROW ( either for that one specific purpose or completely) while it remains inadequate, or must they just cross their fingers & hope for the best?
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