• INDEMNITY TO PROTECT AGAINST VEHICULAR ACCESS ON DEED

    By Guest on 13th Jan 2016

    I purchased an end of terrace 2 bed property a year and a half ago. On the deed of transfer the solicitor tells me the first two schedules have lapsed but the third schedule is still in force. I am not sure if this restriction still applies or not and need clarification. It has a hatched area part of the side of my property and to the front with vehicular access and I want to know if I can obtain a indemnity policy to cover me if I decide to build to the side. I am thinking about a first floor granny annexe on stilts with underground parking which would not affect the vehicular rights anyway. PLEASE ADVISE. The builders are no longer trading so, should be no objection.

  • 7 Answers

    By Guest on 13/01/2016

    It's difficult to say without seeing the deed bit the fact the builder is no longer trading is not necessarily the end of the story. The benefit of any rights and covenants may attach to neighbouring land the builder owned. You can get indemnity, you would need to arrange this through a solicitor or licensed conveyancer. You would need to be sure to get a bespoke policy covering a potential future breach, not the cheaper off the shelf policy covering an existing breach.

  • By Guest on 13/01/2016

    It's difficult to say without seeing the deed bit the fact the builder is no longer trading is not necessarily the end of the story. The benefit of any rights and covenants may attach to neighbouring land the builder owned. You can get indemnity, you would need to arrange this through a solicitor or licensed conveyancer. You would need to be sure to get a bespoke policy covering a potential future breach, not the cheaper off the shelf policy covering an existing breach.

  • By Guest on 13/01/2016

    It's difficult to say without seeing the deed bit the fact the builder is no longer trading is not necessarily the end of the story. The benefit of any rights and covenants may attach to neighbouring land the builder owned. You can get indemnity, you would need to arrange this through a solicitor or licensed conveyancer. You would need to be sure to get a bespoke policy covering a potential future breach, not the cheaper off the shelf policy covering an existing breach.

  • By Guest on 13/01/2016

    Thank-you for your reply. Do you recommend finding a local licensed conveyancer in my area?

  • By Guest on 13/01/2016

    Also, should I obtain the policy before applying for planning permission?

  • By Guest on 13/01/2016

    Yes find a solicitor (preferably one that does conveyancing) or a licensed conveyancer in your area. Most policies require you to have planning permission in place before you can take out the cover.

  • By Guest on 13/01/2016

    Thank-you for your advice

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