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Owned Footpath and liability

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  • Owned Footpath and liability

    Hi All
    We have a paved footpath (slabs) which sit within our deed and title map of our property both to the front and back
    The slabs have always been a bit eneven and there is a step to a private parking area. We have installed sensor lights to make viability easier as it sits between two houses and can get very dark.

    Whilst the front one accesses about 20 houses if they chose to walk through to the main road, 19 of them have parking in the close accessible via the main entrance, just one has parking in the small private carpark that it leads to. Just recently it has started being used by a lot more people.

    The back one is owned by each house as it meets their boundary and is rarely used as it's a dead end to back gardens only.

    Is public liability insurance needed? It never came up when buying and the previous owners didn't have it. I've never considered it. But someone asked me a similar question about their own soon to be purchase and it made me think about my own circumstances (I couldn't answer their question)



    Tags: None

  • #2
    Hi KTY

    I would check with your local council, see if that is something they could cover.

    Comment


    • #3
      Your household policy might well include PL .
      If it does, ensure your insurers know there is a right of way through your property.

      Comment


      • #4
        Just a thought - the community are using these paths multiple times through the course of the year, no doubt the paths will suffer 'wear and tear', even though they are on your property, I don't see why you should have to pay for their up keep. What if the paths are damaged accidentally several times a year by the community? Are you expected to foot the bill?

        Comment


        • #5
          Originally posted by echat11 View Post
          Just a thought - the community are using these paths multiple times through the course of the year, no doubt the paths will suffer 'wear and tear', even though they are on your property, I don't see why you should have to pay for their up keep. What if the paths are damaged accidentally several times a year by the community? Are you expected to foot the bill?
          If a right of way is created by deed , the deed may state who is responsible for upkeep.
          If the deed is silent on the matter the landowner is not obliged to maintain or repair it.
          likewise the user(s) have no liability to repair/maintain the footway, but may do so if they wish, but at their own cost

          Comment


          • #6
            Originally posted by des8 View Post

            If a right of way is created by deed , the deed may state who is responsible for upkeep.
            If the deed is silent on the matter the landowner is not obliged to maintain or repair it.
            likewise the user(s) have no liability to repair/maintain the footway, but may do so if they wish, but at their own cost
            It's very interesting on one level, hopefully it's not the running route for the local running club.

            Comment

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