| Commentary

10 Rights of way

| Commentary

10 Rights of way

Any purchaser of agricultural land must take particular care to ensure that the farm is bought together with necessary rights of way, sufficient for agricultural purposes. Such issues have frequently been overlooked in the past and where there is uncertainty may need to be dealt with by way of statutory declarations and defective title indemnity insurance.

The existence of public or private rights of way over the land is also an important subject for investigation. The existence of a footpath or bridleway1 running through a field or near the main farm building can have

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