Where there is a building over an existing Right of Way and where
- There has been no adverse claims or notices regarding the right of way.
- There has been no attempt to contact the person who is thought to have the benefit of the right of way.
- The Land is fenced in and the rights have been physically incapable of being exercised for the last 12 months.
- Any structure on the Land affected by the rights has been in existence for at least 2 years.
- The rights were imposed at least 20 years ago.
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