
Tim Williams assesses a right of way case that he recently handled
"A solicitor contacted me regarding a recently redeveloped retail unit (valued at approx £3 million) with a rights of way issue. A 1989 transfer detailed that rights of way belonged to adjoining premises, which posed a problem for the retail unit because the rights affected the part of the property between two rows of car parking spaces regularly used by customers of the retail unit. The solicitor was concerned that the adjoining premises might try and gain access over the parking spaces, causing a problem for the retail unit.
The owner of the retail property was unable to confirm that rights of way were being exercised between the two rows of parking spaces by the owners of the adjoining premises. In this situation, it’s common to find insurers declining to offer cover.
Keen to see if we could help, I requested some photos of the property and plan of the area. From the photos, I was able to establish that the gap between the car parking spaces was sufficient for access and so practically, there should be no real reason why the owners of the adjoining premises would need access over the parking spaces. On this basis, Isis was able to underwrite the risk."
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