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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70515
Experience:  Over 5 years in practice
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Is there a time limit for private rights of way or are they

Resolved Question:

Is there a time limit for private rights of way or are they in force indefinitely ?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

What is the exact wording of the right-of-way in the deeds?
Customer: replied 3 years ago.

I haven't the information to hand.

Expert:  Jo C. replied 3 years ago.
Thanks.

The information is useful just on the off chance that the covenant is what is known as "personal" which means that it only lasts for the life or occupation of the person who has the benefit. However such covenants are not common and it is more common for them to be for the benefit of the property and to run with the land which means they ensure for ever.

The only way that an easement such as a right-of-way can become extinguished is neither by a deed entered into both parties who have the benefit and burden where they mutually agree to extinguish the right-of-way or if both properties coming to common ownership.

A right-of-way created by deed does not cease to exist through non-use, lack of use or the fact that there may be alternative route.

Can I clarify anything for you?
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