• Do I Need Insurance

    By Guest on 13th Feb 2017

    I am in the final stages of buying a grade 2 timber framed house. My Conveyancing Solicitor is insisting on a indemnity insurance to be paid for by the seller as no one can produce any document regarding rights of access across my small garden. This access was granted back in the forties when there was a house next door which was demolished. There has been no problems or rights of access being requested. All back gardens have walls and are small cottages as is mine in a conservation area. This is holding up the sale . There is no mortgage involved and this has been going on since October with no chains for me or the seller.

  • 2 Answers

    By Guest on 15/02/2017

    Is the issue that the deeds reveal a right of way of the garden of the property you are buying which has effectively been blocked by a wall but which in reality is no longer exercised? If so then it doesn't seem like this should really be much of an issue and if you are buying cash you can instruct your lawyer to proceed without indemnity insurance (or instruct that you would like to pay for it). I would add the caveat that of course I am not in possession of all the facts and there may be issues that affect the situation that I am not aware of

  • By Guest on 15/02/2017

    You are correct . From the information and documents this was back in 1940-1. I have actually done as you have suggested
    as I am a cash buyer with no mortgage. This sale has lingered on for almost 5months no chain either way.......there has to be a better system for buying and selling of houses. Either the Scottish way of Irish......! I appreciate your help, Employment Law is my speciality not property!

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