Right of way

Saneinsane

Trying to sell my parents house, however there appears to be a right of way. Nobody knows what this right of way is about, and hasn’t been used since the house built in 1962. The council records do not go that far back. To remove it would cost thousands and take rather a long time. Is their a quicker way to nullify the right of way e.g indemnity insurance. As it hasn’t been used since the house was built, does time render it unenforceable.

Davesnave

I think maybe some clarification is needed.

What is the exact wording in the title documents which indicates there may be a RoW?
Have you checked the title documents of other properties nearby to see if they refer to the RoW?

What does your solicitor say?

A RoW cannot be extinguished by the passage of time or lack of use. Removing it would need the agreement of the property owner(s) who have the benefit of it.

Indemnity insurance also could not 'nullify' a RoW; it would cover costs arising if those with the benefit decided to exercise their rights. It might be a solution, but again, what is your solicitor advising here?

EachPenny

Saneinsane wrote: »

Trying to sell my parents house, however there appears to be a right of way. Nobody knows what this right of way is about, and hasn’t been used since the house built in 1962. The council records do not go that far back. To remove it would cost thousands and take rather a long time. Is their a quicker way to nullify the right of way e.g indemnity insurance. As it hasn’t been used since the house was built, does time render it unenforceable.

What was on the land before the house was built? Looking at old maps of the area will give you an idea if you don't already know.

Was the house built privately, or was it a council development?

G_M

Saneinsane wrote: »

Trying to sell my parents house, however there appears to be a right of way.
Based on what?
How do you know?
Where is this documented?
Are we supposed to be psychic?

Nobody knows what this right of way is about,
Then maybe it does not exist, since you don't seem to have any evidence of its existance.

and hasn't been used since the house built in 1962.
irrelevant

The council records do not go that far back.
Not all ROWs are recorded by the council

To remove it would cost thousands
How do you know?

and take rather a long time.
Probably decades or centuries

Is [STRIKE]their[/STRIKE]there a quicker way to nullify the right of way
quicker than what?

e.g indemnity insurance.
indemnity insurance would not nullify a ROW. It would only compensate the policy holder for any consequential costs of the ROW

As it hasn't been used since the house was built, does time render it unenforceable.

No.

:beer: :beer: :beer: :beer: