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Lost deeds noted on charges register, time for an indemnity policy?
Entertainer
Posts: 617 Forumite
I’m currently buying a property which was unregistered and has recently been registered by the vendor’s solicitor.
In the Charges Register on the copy of the Title Plan it says this:
The deeds and documents of title having been lost the land is subject to such restrictive covenants as may have been imposed thereon and are still subsisting and capable of being enforced.
Not sure why the deeds would have been lost as it has been in the same family for years.
Anyway, am I right in thinking that I should be requesting that the vendor pay for an indemnity policy for this? Should I be the person organising it and seeking the cost from the vendor or is it the responsibility of the vendor’s solicitor? Where would I go about getting one of these from, if it was up to me to organise it?
TIA.
In the Charges Register on the copy of the Title Plan it says this:
The deeds and documents of title having been lost the land is subject to such restrictive covenants as may have been imposed thereon and are still subsisting and capable of being enforced.
Not sure why the deeds would have been lost as it has been in the same family for years.
Anyway, am I right in thinking that I should be requesting that the vendor pay for an indemnity policy for this? Should I be the person organising it and seeking the cost from the vendor or is it the responsibility of the vendor’s solicitor? Where would I go about getting one of these from, if it was up to me to organise it?
TIA.
0
Comments
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The seller should pay for it but you will find that the indemnity insurers would rather deal with the solicitors because the policies are specialist, and, No, we don't get commission from them.
It is effectively a case of which solicitor can get it more cheaply. The company I use is cheaper than others so when I am acting on a purchase I always offer to arrange it and ask for an allowance of an approropraie amoutn to cover the cost. That way the selelr's solicitor can tell his client that it is quite a good deal because if he arranged it, it would cost more!RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0
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