If person A, who owns a parcel of land that is accessed by an unregistered right of way (ROW), dies or is incapacitated and the land is bought by person B, what happens the ROW?

“It’s a problem if the owner of the soil has an incapacity and if the land was bought in the last 12 years from somebody who died, is incapacitated, or uncooperative. You can only give evidence as to your period of use.