A man has had to resort to an ancient law to ensure the road outside his remote home is improved.

Leaving the remote home of Tim White and Rita West has been compared to an expedition to an undiscovered part of the world.

Each time the couple leave their Patcham home they encounter deep pools of water, slurries, huge ruts, and fast flowing water in their road.

Despite calls to Brighton and Hove Council, Southern Water, Railtrack the Highways Department and other possible owners of the quarter of a mile road and bridleway, the couple say nobody is willing to properly maintain the roadway.

But retired builder Mr White, 63, is now using an ancient law which says if a corpse for burial is taken along a farm road then it automatically becomes a public highway. His partner's husband, Don, died in 1979 and his body was taken from the house by the undertakers.

Brighton and Hove Council is still not sure who is responsible for the upkeep of the road and bridleway, but has promised in 2001 to try to sresolve the problem.

The roadway runs close to the main Brighton rail line away from the Waterhall football and rugby pitches.

It has been unofficially called Sweet Hill Lane, but the road does not appear on any road maps.

Mr White says he is fed up with the situation and wants the road made good and soakaways put in.

The situation has been going on for years and the heavy autumn rainfall has made things worse.

The couple have also been without a main telephone since November 2, because of damage to underground cables.

Mr White said: "We enjoy living out in the countryside and it is our choice to live here. But when friends refuse to visit your home because they fear damaging their cars and you have to drive over the Downs to get out of your home because the road is flooded, then something has got to be done."

A spokeswoman for Brighton and Hove Council said: "Because it is a private road with shared access, it does not make us responsible for it. We will, however, find out once and for all who is responsible for what."