• Do I Need An Absence Of Easement Insurance Policy

    By Guest on 27th Aug 2020

    Our land registry clearly shows that the front garden of two teraaced houses is split directly down the middle. Both gardens have front walls and exactly in the middle is a wide opening to the pavement with a front gate. Both parties can walk out the gate without stepping foot onto the neighbours land. However, if crossing with a pram etc. you would inevitably step on each others land. Both homeowners benefit equally from this. If for some highly unlikely reason one homeowner wanted to put up a wall along the boundary then access would still be possible and to make the access a little wider, a few bricks could be removed and a larger gateway for just that property could be created. Therefor would an Absence of Easement Insurance Policy be required?

  • 2 Answers

    By NotaryExpress on 28/08/2020

    I think your conveyancer needs to look at the circumstances of the situation and your deeds and plans. Without seeing them I would say an AOE indemnity is probably not required because you can still walk down the path, and as you point out create a larger access if needed. You might also find in the deeds an easement for access already there in respect of the neighbouring property.

    www.notaryexpress.co.uk

  • By Guest on 29/08/2020

    Thank you Notary Express.
    Unfortunately, nothing in the deeds. The deeds clearly state the ROW we have over the back garden of next door, as that is needed but nothing mentioning the front garden. I can only assume that this has been the case for 120 years is because it is simply not needed. There is nothing that the neighbour's could do so permanently stop the home owner getting from their front door to the pavement. It would perhaps be a little inconvenient if they built a wall down the middle of the boundary and through the middle of the gateway but you could juat build yourself a new gate way in your part of the wall and no longer have a gate. It is just so fustrating at the our buyers lender is insisting we buy one for £300 and it's just money in the wind!!

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