Q: “I have been using a right of way for several years and the right of way has fallen into disrepair. I have offered to put new gravel on the road, but the owner of the land has refused to allow me to do so and is going as far as refusing to let me fill potholes at this stage. At the same time, he is refusing to do the work himself. Am I entitled to repair the road and who is responsible for any damage caused by the current state of the roadway?”

A: The extent of rights of way is often determined by the way in which the right of way was acquired, for instance by express or implied grant, by statute or by prescription.