Assessment of whether right of way was binding

The Title of one parcel of land that our client intends to purchase is stated to have the benefit of a right of way granted by a Transfer made in 1995.  However there were concerns about whether that right was enforceable. The right of way is pivotal to the client’s development plans.

Alison provided the client with their initial advice regarding the enforceability of the right of way and solutions to ensure that the right of way is properly protected prior to completion of the purchase.