• Indemnity Insurance On Part Of Garden

    By Guest on 29th Jun 2016

    I'm in the process of selling, my solicitor informs me a small part of my garden is unregistered, it's enclosed by a wall and is exactly how I purchased it 11 years ago; as did previous buyers without any garden issue.

    I'm aware a possessory title can be raised after 12 years of it being used as such, which it has but we're unable to locate the previous owner. I've owned it 11 years since 2005.

    How long does it take to put an indemnity in place? And what happens next in the sale. I really shouldn't need to ask but my solicitor appears to be delaying the sale process and I'm concerned my buyer will pull out due to the delay.

  • 1 Answers

    By Guest on 03/07/2016

    A bespoke indemnity policy might be required (possessory title indemnity insurance is for when possessory title has already been granted). You could ask a neighbour who has owned their property for more than 12 years to provide a declaration, it doesn't have to be the property owner who swears the declaration. I would tend to takea pragmatic approach though - how much is the land worth? What would be the practical consequence if you lost it to the legal owner? Usually in these cases it wouldn't make any difference at all, in which case my advice to the buyer would be, if you are not really bothered if you lose the land in future, accept the 11 year stat dec then after a year make an application for posessory title so as to avoid delays when you sell

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