Right of way.

I

iggy

Guest
I am thinking of selling my property but there is an old right of way going right through it ( my property was obviously built upon it about 50 years ago). The right of way dates back to 1946 and has not been used for at least 50 years and as my property is built on it no one could physically pass anyway! I just wondered if by now the right of way might be considered extinguished or is there some way I can get it taken off or should I just forget about it? There was a quarry behind my property which is long disused and filled in ( public park now) so I think the right of way was probably for lorry access to and from the quarry. Opinions appreciated!!
 
Sorry, no advice about your specific circumstances - but I'd check with a solicitor. In the past we've had very strange 'right of way' issues.

It may not be as clear cut as you might think.
 
I would imagine that you would probably still need to have the right of way formally extinguished via your local authority? I doubt that just "forgetting about it" and hoping for the best is a prudent way to proceed.
 
I wouldn't worry too much about the right of way at this stage. It is up to the potential purchasers solicitors to satisfy themselves about any issues which may arise. While you could try and have it extinguished now you might be opening a can of worms. Once it is brought to the attention of the purchser and his solicitor, you can address any queries they may have.
 
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