Indemnity Insurance for Right of Way

chrisanden

Hi

We are in the process of selling our house. We have lived her for 25 years and have never had any problems with rights of way and access. Now our buyers solicitor requires an Indemnity Policy to be put in place of the Right of Way at a cost of £260.00! We are not sure of our position on this. The road outside our house is owned by a Woods Preservation Society set up to protect the woods in which we live, and they do own the grass verge beside the road, up to our boundary line, but there has never been any problem with access. The road and verge is maintained by the residents, so is this a reasonable demand? We can see no reason for this, but apparently it is not in the deeds. And is it possible to get your own policy if you think their charge is exhorbitant?

Debt_Free_Chick

In theory, you have no right to leave the property without committing a tresspass on the Society's land.

What is odd is that there was no amendment to the deeds of your property whereby the Society granted you (and all future owners) a right of access.

The buyer's are not being unreasonable here - YOU have had no problem with access, but you have probably acquired a right of access through common law, as you have had access without complaint (from the Society) for so long.

That common law right will not pass to the buyer, however. So as soon as the buyer crosses the Society's land, they could be sued or hit with an injunction preventing them from crossing the land! So ..... the buyer will either want an easement in the deeds or, as suggested, an insurance policy to protect them in case they are sued.

Why not ask the Society if they will agree to an easement being inserted in the deeds?

chrisanden

THanks a lot Debt_Free_chick, what you say makes sense, and does put the buyers query into perspective. The easement amendment to the deeds seems a good idea, will look into it, Many thanks.