Dropped Kerb Indemnity

Bear1404

Hey Everyone

We are about to exchange on a house that has a drive way out on the road. This is accessed via a dropped kerb which has apparently been there since the road and house was built about 70 years ago. Every single house on the road has one.

This now appears to be a stumbling block. Our solicitor is requesting proof that the dropped kerb has been there since the road was constructed and no one seems to have this. The vendors and their solicitor are just able to confirm that to the best of their knowledge the kerb has been there since the road was built.

We have been advised it is possible to purchase an indemnity to cover us in the event that the council want to restrict access (which is unlikely) and the seller has never had this /will not buy indemnity to cover this.

Has anyone ever experienced this? Should we waive the query and look to purchase the indemnity ourselves or keep pushing for proof that the dropped kerb has been there for 70 years. We were meant to exchange about a while ago so this feels like it is dragging on.

Thanks in advance for all your help

tizerbelle

Bear1404 wrote: »

Hey Everyone

We are about to exchange on a house that has a drive way out on the road. This is accessed via a dropped kerb which has apparently been there since the road and house was built about 70 years ago. Every single house on the road has one.

This now appears to be a stumbling block. Our solicitor is requesting proof that the dropped kerb has been there since the road was constructed and no one seems to have this. The vendors and their solicitor are just able to confirm that to the best of their knowledge the kerb has been there since the road was built.

We have been advised it is possible to purchase an indemnity to cover us in the event that the council want to restrict access (which is unlikely) and the seller has never had this /will not buy indemnity to cover this.

Has anyone ever experienced this? Should we waive the query and look to purchase the indemnity ourselves or keep pushing for proof that the dropped kerb has been there for 70 years. We were meant to exchange about a while ago so this feels like it is dragging on.

Thanks in advance for all your help

If it were me, I'd tell your solicitor that you respect his professional concern for you but you do not require further proof of the dropped kerb status NOR do you require an indemnity policy and you are happy to confirm this in writing if he needs a record to confirm your rejection of his advice.

ETA: If there's an indemnity policy, someone somewhere is making money and the only thing you can be sure of is that it isn't you.

ValHaller

tizerbelle wrote: »

If it were me, I'd tell your solicitor that you respect his professional concern for you but you do not require further proof of the dropped kerb status NOR do you require an indemnity policy and you are happy to confirm this in writing if he needs a record to confirm your rejection of his advice.

ETA: If there's an indemnity policy, someone somewhere is making money and the only thing you can be sure of is that it isn't you.

My thoughts exactly. This seems to be a very inventive excuse to sell an indemnity policy.

chickaroonee

Agree with the above, if I was your seller I'd be really annoyed. How ridiculous to insist on an insurance policy when every house on the street has one!

ultrarunner

Councils are usually in favour of dropped kerbs as they prevent on-street parking. It's only when new ones are done illegally without the councils consent that they take an interest and might seek to remove the dropped kerb.

If every house on the road has a dropped kerb then this sounds like BS

BobQ

Indemnity against what? Ask the Council if they have any concerns that the dropped kerb is legitimate and whether they have any intention of requiring any work to be undertaken at the householder's expense. Unless they have its pointless.

gazter

BobQ wrote: »

Indemnity against what? Ask the Council if they have any concerns that the dropped kerb is legitimate and whether they have any intention of requiring any work to be undertaken at the householder's expense. Unless they have its pointless.

But if you draw the attention of it to the local authority, doesnt that make the purchase of an indemnity against the local authority having its attention drawn to it, rather difficult?

martindow

Seems ludicrous. Do you think the solicitor might have had some comeback regarding a dropped kerb with a previous house he dealt with and is now ridiculously risk averse?

martinsurrey

martindow wrote: »

Seems ludicrous. Do you think the solicitor might have had some comeback regarding a dropped kerb with a previous house he dealt with and is now ridiculously risk averse?

I think MUCH more likely, he has a kick bank agreement with an insurance firm or broker, and it just happens that every one of his clients NEEDS 2-3 policies!