Possessory Title with Planning Permission - Indemnity Insurace

Baileys8

A little guidance needed if possible please….
We were awarded possessory title of a piece of land in 2008 after occupying and tending it for 12 years. However a small portion of the possessory title was challenged and cut it short we lost title to that small piece of land. I would urge anyone going down this route to ensure they have a Solicitor who knows what they are doing…enough said!

During the above process, both the current and previous owner of the adjacent property stated in their Legal Statutory Declaration that they did not dispute our ownership/occupation of the remaining land (which has remained in our possessory title).

The previous owner of our property (who was also the user of the land in question) also agreed with this.

Relations are not good with the adjacent owner – as you can imagine.

We’ve subsequently obtain planning permission for three properties on the remainder of the land with possessory title – during the planning application process the adjacent owner’s Solicitor sent us a letter stating if we do a list of things, they will not object in principle otherwise they threatened a raft of things including commencing legal proceedings against the boundary fence as they believe it to be in the incorrect position, (contrary to what the previous owner and they have said in their Statutory Declarations). We could not physically or afford to do half the demands so chose to ignore the letter. They subsequently submitted an objection in which they stated they were commencing legal proceedings against a parcel of land which they dispute – I presume the boundary fence. This was in December 2011 and we’ve heard nothing since.

Permission was granted, and although we were going to build and live in one of the properties, I can’t face dealing with them for the Party Wall issue and are subsequently marketing the property, to move away.

We’ve taken out Indemnity Insurance (at a cost of £1k) but noticed they have entered a clause excluding any claim made by the owners of the adjacent property …..is anyone realistically going to buy it with this Clause?! Their threats were personal to us, which is quite evident in the Solicitors letter and objection.

Would we realistically obtain insurance without this clause or would it be that any potential purchaser would have to liaise with the adjacent owners to gauge the situation?

Any advice would be much appreciated.

Richard_Webster

Indemnity insurers will not insure to cover cases where there is a person who has already indicated he will make some kind of claim.

You will probably have to make your peace withe the neighbour and concede something to him to do this.

Baileys8

Thank you for your response, outcome as expected!
Not sure she'll negotiate but may be she'll want rid of us as much as we want to move! Thanks!