Right of Way over Path in my Front Garden

[Caz139]

I have lived in my semi-detached rural property for 20 years. My neighbour has been a thorn in my side all of that time. It is only now that he is getting old that we have stopped being so intimated by him (he has been banned from all of the pubs in the village so now has to drive to the next village) he used to cut the (my) hedge bordering the path, and poisoned plants and flowers with weedkiller. If I am weeding in my front garden or he will come out and behave in an intimidating manner and try to insist that he owns and has a say in what is planted beside the path.
The path itself hasn't changed for over 100 years judging by old photos. It is quite a narrow path, and I keep it clear for him to walk to his house.
My question is: Am I under any obligations regarding his safety when he walks up the path, as he is quite obese now and getting on in years, if he falls or injures himself while waling up the path could he sue me? Is there anything else I should know about, regarding rights of way? When I say he has been a thorn in my side, that's putting it mildly. He has made my life a misery.
The title deeds state:
The land is subject to the following rights contained in a Transfer of
the land in this title dated 7 December 1986 made between (1) ‘my neighbours house’ and (2) ‘My house’:-
"SUBJECT TO the rights of way for all purposes for the owners and
occupiers of the adjoining premises known as (‘my neighbours house’)
aforesaid over and along the pathway coloured yellow on
the plan attached hereto."
NOTE: The pathway coloured yellow referred to is tinted blue on the
filed plan.

[dslippy]

The right of way is as defined by the deeds, not as it appears on the ground. A narrow worn bit does not necessarily show the extent of the right of way. Equally however, the plan is subject to the general boundaries rule, which says that the filed plan does not identify the exact lines and width of the footpath, but as it were points you to where on the land you may find the path.

Welcome to the wonderfully self contradictory world of land law.

This is an easement, a right exercisable over your land. In theory it cannot iinclude any requirement from you to spend money to maintain it. It merely requires you to do nothing to interfere with the exercise of the right.
I would suggest perhaps an obligation to remove any tripping hazard on the path, but nothing beyond that.

[Caz139]

That's interesting, thank you. That's a relief.
I see that it states: 'SUBJECT TO the rights of way for all purposes for the owners and
occupiers of the adjoining premises...' so potentially that would exclude postmen, visitors from using the path?

[dslippy]

They would usually be included as licensees. Check the wording again - that would be unusual. If they have been using the path for that number of years the easement may be extended.

[Caz139]

Thank you, the wording in the deeds is exactly as I have written it above.

[dslippy]

I would not start excluding non-owners from use of the way.

[Caz139]

No I wouldn't do that. It might explain why he has had difficulty selling his house.

[Ukmicky]

That wording does not limit use solely to specific individuals. An easement is attached to the land not the person .. Any individual who needs to use the ROW to access the land for the benefit of the land ,it’s owners and occupiers has a right to use the ROW, which includes postman etc.

[Caz139]

Thanks..I think he thinks he has 'shared access' and so thinks he shares the land on either side of the path. He used to cut my hedge bordering the path and dump the cuttings onto my garden. He interferes with my garden plants when he walks along the path. Even putting weedkiller down.