Who should bear the costs of renovating a path with a right of way?

Questioner

My husband suddenly ended up in a wheelchair. To get to our home we have to cross a path that we have a right of way over. This path is crooked, which means that it is not safe to drive over it with a wheelchair. Who will pay for the costs of making this possible and safe?

Lawyer

If you have a right of way, you have the right to maintain the path yourself. For example, you may pave it so that you can walk on it more easily. You do this at your own expense. Conversely, the owner of the land may require that you maintain the path properly, to the extent necessary.