25 year old Extension permission letter required

stephena_2

Our current house had an extension at the front by a previous owner, we are in the process of moving and have been asked to provide a letter stating it was OK to do so from Wilcon Homes (the original builder who no longer exist).

I obviously don't have a letter but as I moved only 5 years ago in to this property you would have hoped my old solicitors would have hit the same snag when we purchased the property?

My current solicitors are saying...
"With regards to the extension on the front of the property and that you have not got any paperwork relating to this, the otherside solicitors will ask for an indemnity policy for this. I have obtained a quote for this and there is a fee of £142.00. Please can you confirm that you will be happy to pay for this."

Is there anyway round this? seems awfully steep.

Steve

Rhodrich

With the last two houses I sold, I was asked to pay for indemnity insurance for various 'issues' raised by the buyers. In both cases I refused. Tell them that if it worries them that much, they can pay for the policy themselves.

Similarly, my solicitor asked the vendors of my current house to pay for a policy for me, and they refused. I went ahead anyway.

I guess it all depends how far down the process you've gone, and how keen your buyers are. There is no obligation for you to pay for any policy, but equally so, there's no obligation for them to buy the property from you!

GAH

If the company no longer exist, then nothing can be done.

Tell the solcitor that if it bothers the buyer that much then they pay the indemnity

lincroft1710

Wilcon or Wilson Connolly were bought by Taylor Wimpey some years ago.

I would agree with Rhodrich. Taylor Wimpey won't be bothered that a house built by one of their "acquisitions" 25 years ago didn't get their agreement for an extension. What action would they take? Trying to get it knocked down would generate so much bad publicity that they'd probably lose house sales.

I'm thinking of setting up an indemnity insurance company, I'd make millions!

madmish00

I'm thinking of setting up an indemnity insurance company, I'd make millions!

Agreed!

The property I'm buying doesn't have certain paperwork and my solicitor is pushing for an indemnity policy. This is despite the fact that she has confrimation by letter from the local council that they will not take any action after 5 years. The work in question that she is asking for the indemnity for was done in 1999. What a waste of money!

But it seems our vendor has agreed to pay it so can't say it makes much difference to me! Although the figure our solicitor put forward was nearer the £50 mark. £142 seems extremely steep.

Richard_Webster

The property I'm buying doesn't have certain paperwork and my solicitor is pushing for an indemnity policy. This is despite the fact that she has confrimation by letter from the local council that they will not take any action after 5 years. The work in question that she is asking for the indemnity for was done in 1999. What a waste of money!

Not the same kind of indemnity as mentioned in the post starting this thread.

If there is a covenant in favour of Wilcon Homes requiring their consent for an extension and the extension is 25 years old, then it is too late for any enforcement to take place because of a case called Hepworth v Pickles so you don't need a restrictive covenant indemnity policy.

stephena_2

Thanks Guys I am thinking of instructing my solicitor that I wont pay for the indemnity policy but the prospective buyer is free too if he feels it necessary.

Richard, I'm not sure how old the extension is exactly what is the period required for this Wilcon covenant to be no longer valid?

Steve

Richard_Webster

Richard, I'm not sure how old the extension is exactly what is the period required for this Wilcon covenant to be no longer valid?

20 years as per that case I mentioned.

terryw

stephena wrote: »

I obviously don't have a letter but as I moved only 5 years ago in to this property you would have hoped my old solicitors would have hit the same snag when we purchased the property?



Steve

Apart from anything else, I would be inclined to point out to your old solicitors that you had used their services in good faith, but are now having problems selling the property, and request their reasons for them not obtaining this paperwork as it is obviously very important, and perhaps ask them to confirm that they will pay for this if the were remiss.

stephena_2

That's a fair shout Terry and something I will bring up if this causes further issues... for the time being I have instructed my Solicitor that I

a) do not have this paperwork
b) do not have the means to obtain the paperwork
and
c) do not feel that I should foot the cost of an indemnity policy.

Oh the joys of moving house. I swear I'm never moving again but I think I said that the last time : (

terryw

stephena wrote: »

That's a fair shout Terry and something I will bring up if this causes further issues... for the time being I have instructed my Solicitor that I

a) do not have this paperwork
b) do not have the means to obtain the paperwork
and
c) do not feel that I should foot the cost of an indemnity policy.

Oh the joys of moving house. I swear I'm never moving again but I think I said that the last time : (

And quote the case suggested by Richard Webster in support of (c)

bw