Redevelopment; dangerous steps on right of way; can force land owner to improve?

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    Redevelopment; dangerous steps on right of way; can force land owner to improve?

    About 10 years ago, a commercial property was built on the garden of a shop. The shop had sold the garden to a developer

    There is a pedestrian right of way to our flats, which is the sole access to the flats. It originally went up some steps behind the garden; ownership went with the garden parcel. When the site was developed, the access was adjusted and new steps constructed. They are weird...the tread feels very short as does the rise of each step. I think its likely they are not to proper specification, if there is a specification for exterior steps.I have to concentrate very hard whenever I use them.

    Bearing in mind they were cahnged 10 years ago, if we find out the steps are below standard, is it likely can we force the land owner to make them good?
    All posts in good faith, but do not rely on them

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    #2
    Was the pedestrian right of way private or public?

    If private building regs dept of your local planners should have set guidelines for the rise and tread of the steps. Check out the application number and follow it up.

    Also same should apply if public right of way - check with the Land Registry as to the status of the path. Public safety should be paramount whoever built it.



    Freedom at the point of zero............

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      #3
      Forgot to say; its private access to be used by anyone needing to access two flats
      All posts in good faith, but do not rely on them

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        #4
        Common Law imposes no obligation on the land-owner to maintain a right of way.

        You can repair the right of way if you consider that it is in need of repair, but that must be at your cost.

        These steps you refer to are the same as any other part of a right of way, so you cannot force the land-owner to do anything except remove any substantial obstruction that he has placed on the right of way.

        As that is not the case in your situation, you could decide to "repair" the steps by rebuilding them at your own expense, but that could cause a legal dispute between you and the land-owner as to whether these steps are in need of "repair" or whether you will be trespassing by seeking to remodel an area of land he actually owns, even if it is subject to a right of way over it.

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          #5
          I don't doubt your words Pilman but surely the new development must have allowed for access to the 2 flats by LA planners?



          Freedom at the point of zero............

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