Road of overpass destroyed

Questioner

My neighbor and I have a right of way to get behind both our houses with our cars. It is a narrow alley where one car can just about fit through, but it works. Now my neighbor has transported a lot of stones through the alley with a heavy forklift and there are holes in it and stones sticking up. The alley is completely damaged and everywhere there are holes with stones sticking up. I asked the neighbor when he was going to repair this. Then I got the answer that it was never completely perfect and that we should just share the costs. It seems to me that if he destroys the alley he should also fix it??

Lawyer

Yes, in principle, but the neighbour may have a valid argument that the road was already in need of necessary maintenance that the right of way holders had to carry out with a view to improvement, in which case it would be reasonable to share some of the costs.