Where the title is subject to third party rights of way and where
- Planning has been granted and there were no letters of objection claiming the benefit of the rights.
- There have been no adverse claims or notices regarding the rights reserved.
- The Land is fenced in and has been physically incapable of being exercised during the last 12 months.
- There has been no attempt to contact the person who is thought to have the benefit of the rights.
- The rights were imposed more than 20 years ago.
- The Land is located in England or Wales.
- In respect of a Right of Way:(i) It is not noted on the Definitive Map
- (ii) The land is fenced in and has been physically incapable of being exercised during the last 12 months.
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