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Absence of Easement Indemnity Policy
bel2310
Posts: 94 Forumite
Hi,
Would be grateful for some advice as follows. I'm in the process of selling a property which is situated on an unadopted road. THis road is classified as a Byway Open to All Traffic, i.e. public right of way. When the house was purchased the previous owners signed a letter saying they had had right of access over the lane for the past 20 years. Now my purchasers solicitor is asking for an Absence of Easement Indemnity policy which is going to cost £220.00. Surely the fact that the road is a right of way is enough? Does anyone have experience of this or a similar situation.
Any advice would be gratefully received.
Thanks
Bel
Would be grateful for some advice as follows. I'm in the process of selling a property which is situated on an unadopted road. THis road is classified as a Byway Open to All Traffic, i.e. public right of way. When the house was purchased the previous owners signed a letter saying they had had right of access over the lane for the past 20 years. Now my purchasers solicitor is asking for an Absence of Easement Indemnity policy which is going to cost £220.00. Surely the fact that the road is a right of way is enough? Does anyone have experience of this or a similar situation.
Any advice would be gratefully received.
Thanks
Bel
0
Comments
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I have just been dealing with one of these.
The problem I think is not so much access to the lane, more a case of access from the lane to your property.
The one I have just been dealing with had an issue of there being a 0.5m verge between the lane and the driveway, the onwer of which was unknown.
This meant that at any time the rightful owner could suddenly stake claim to his land and, has been known in some cases, charge a levy for access over it.
This case also had a similar letter saying no probs for 20 years and they had a 3 year statutory declaration stating no problems either, and indemnities in place.
In this case the Alliance & Leicester refused to lend.
What has your solicitor said?0 -
The solicitor hasn't really offered an opinion, just stated in a letter that the purchasers solicitors have requested an Indemnity Policy and the cost will be £220! The driveway does run straight on to the lane, no verge or anything.
There is also a lane residents association, to which residents give a contribution each year towards maintenance of the lane. This payment is optional, and there a couple of houses I know don't contribute but no-one has yet stopped them using the lane! Thanks for your comments, maybe I should ask a few questions of the solicitor.0 -
If the purchasers' solicitor absolutely insists you are going to have to pay it or risk losing your buyers!
You could call their bluff and refuse and see their reaction.I'm a Forum Ambassador on the housing, mortgages, student & coronavirus Boards, money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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