Removing Right of Way from terraced house.

unforeseen

Nobody is getting landlocked though

unforeseen

Ozzuk wrote: »

I'm confused a little - unforeseen is saying ROW are automatically extinguished if owned by one party, but LR is saying a registered right isn't extinguished and will remain in place if property sold on. So which is correct?

I'd have thought if they sold the property on and the right of way is listed on the title deeds then that right would remain on the deeds for the new owner?

Interesting because my parent have a terraced property and as is common with many there are RoWs for the neighbours and they were told its virtually impossible to remove even if everyone agrees.

The right stays on the deeds until somebody takes action to have it removed with the relevant proof. However that does not mean that it is still a legitimate ROW

However if that isn't done by somebody aware of the background ownership and the effect of that common ownership then by staying on the deeds people continue to believe that the ROW still exists. However it doesn't prevent somebody in the future (within 20 years) discovering this fact and then applying for removal.

OP really needs to discuss with a specialist land law solicitor, not a run of the mill high street solicitor/conveyancer. As previously said post on Garden LAw there are people on there who are expert on this and can advise.