I don't really see why a purchaser would be put off by this. Actually I dont really understand exactly how the right of way didnt pass to the successors in title but presume it was personal to the original purchaser? Or subsequent conveyances didnt mention the right of way?This seems to be what happened, and as things stand we only have right of way because of the time elapsed, and not by legal registration. The prospective buyer's solicitor made the point that the registration of the ROW cannot be transferred to the new buyer so legally he doesn't have a ROW until after the statutory time period has elapsed.
Re, approaching the owner of the land (it's a vacant site) to grant a right of way now, unfortunately they are not v approachable, to say the least and it's v unlikely they would grant this - just to be awkward if nothing else....
I'm now planning to write to my old solicitor, and ask him to clarify the wording on the Land Registry, as it does appear that the right was originally granted to a person and not the property. Will be anxious to see what he makes of it.
'to Name, registered owner of the property at folio X, and his heirs and assignees.....' etc.
It seems to me entirely possible that you do not have the r.o.w. problem that you think you have. If there is a right of way registered in favour of ...." Mr. A, the registered owner of the property at Folio X, his heirs and assigns" and if you are now the owner of Folio X, nothing more is required for you to be able to benefit from the registered right of way. It is perfectly normal for rights of way to be registered in this form. A right of way normally runs with the title -that is to say, it accrues to the land, rather than to the individual who happens to own the land at a particular time. The wording you have recited is the wording used in these circumstances by the Land Registry. In short, things look fine.
[Expression of Doubt:- if I am reading the thing correctly, then your new solicitor should be able to understand this and should not be saying there is a problem. If your new solicitor is saying that the registration of the right of way should be in some way updated to show your name on the registered right of way, then he\she is simply wrong, and the error is so elementary as to give further cause for worry]
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