4044 right of way is dangerous

On part of my land a steep and dangerous path leads down a ravine which is wooded.I want this area to remain as it is particularly as there have been landslides where the ravine sides are not covered in trees.

[FONT="Book Antiqua"][SIZE="3"]When we turned up at our house a young guy suddenly appeared from the path!He is using it to get down to the stream with 250 goats!!!These animals then 'graze' my garden.I told him I did not want the animals the garden which will eventually be cultivated and planted up.

Before we left I stretched a wire netting 'gate' across the path at the top as if he tries to use it he will see that I would rather he didn't,although its possible he can lift it up and go underneath.

I asked neighbours who think I did the right thing but I'm worried that I could be blocking a right of way.I suppose that I could plead ignorance?Or say that I am worried a child or dog may fall down there?Can I ask the comune to put up signs to prevent the path being used on the grounds that it is unsafe?

Becky[/SIZE][/FONT]

Category
Legal

Submitted by Anonymous (not verified) on Tue, 06/27/2006 - 00:20

[LEFT]if the path is marked on a map of your property as a communal road it will not be easy to justify fencing it off...

there are two solutions if it is a marked path... you can apply to the commune to have the paths route changed...take it around the edge of your property from the points it enters and leaves... this takes a fair time in the permission sense and the expense on the building side will be yours... they will most probably insist on you putting in quite a robust pathway...

or you can fence either side of the pathway closing it off in the sense that nothing on the pathway can get onto your propery easily.... generally this is not practical....

i would also be very careful with neighbours, and their support, on the face of things... it seems to me that the habit here is to always smile and tell you that everything you do is fine... and then five minutes later you can hear them discussing things when you are not supposed to be listening and everything is wrong... a quick change of mind ... and it could well be the same neighbours that smile that are also there if the comune policeman comes along to check the barrier and tell him that they told you that you should not do that....

learn to talk to the commune first before neighbours... get their agreement on how to proceed .... and then tell the neighbours....[/LEFT]

Submitted by Anonymous (not verified) on Tue, 06/27/2006 - 06:19

[FONT="Book Antiqua"][SIZE="3"]Thanks John no its not marked it was used by the previous owners to get to steep terraces I presume? As to moving it theres no way ay the sides of the ravine are too steep.

I will ask the comune as you suggest but my main conern is the risk of landslides as I said before.I've had a geological survey done and the geologist has suggested that the area should be kept covered in trees/vegetation so this is what I'm acting on.250 sheep do have a habit of eating things!

I take your points about the neighbours but surely even in Italy I have to right to prevent half my land disappearing into the river?

Becky[/SIZE][/FONT]

Submitted by Anonymous (not verified) on Thu, 06/29/2006 - 05:23

HI Becky, it seems to me that you should be able to establish either from the commune or the land registry whether your property is burdened by a public right of way - or indeed a right of way enjoyed by one of your neighbours. Generally speaking in the Uk anyway a public right of way is hard to cut off. A private one may be easier to extinguish. Just be careful until you get all the facts straight.