Help with questions from buyers' solicitors

Suewre

Hi, I have received some questions from my buyers' solicitors, can anyone help me with what to tell them.

1. Please supply the indemnity policy for the unknown covenants revealed in Entry 1 of the charges register. Should the same not be readily available, then please connfirm that your clients will meet the cost of the same on completion.

I was confused about this, as I couldn't remember any covenants being in place when we bought this house, but we did move in in Feb 1992, so I found our copy and looked. It said this:

A Conveyance dated 13 June 1898 made between (1) The Liquidation Estates Purchaser Company Limited (2) The Lands Distribution Comapny Limited and (3) The Govenors of Queen Annes's Bounty contains restrictive covenants but neither the originall deed nor a certified copy or examined abstract therof was produced on first registration.

So they are asking us to provide an indemnity policy for an unknown covenant that is 109 years old, and hasn't been mentioned since. I feel this is a bit extreme, and they have messed us about a bit (it has been 3 months since their offer, and the top of the chain goes on holiday on 9th August until 26th August, and they knew we all wanted to move before the 9th, then when that wasn't possible, that we all want to exchange before the 9th, and complete after - they are selling to a first time buyer, so their house is the bottom of the chain - and now on the 5th we receive 8 questions from them!) I really want to tell them to go and jump over this. (actually my thoughts are a bit less polite!) Any suggestions as to this?

Another question is

2. We note that a dropped curb has been installed at the property to provide off-road parking. Can the seller's please confirm when this was installed and if it was installed by Coundil approved contractor or by the Council themselves and also the date of installation.

I didn't even notice until the estate agent came round to take the photos etc that we haven't got a dropped kerb! The kerb is the same height as the road, but it hasn't been 'dropped'. When we bought the house (as I said 15 yrs and 6 mths ago) the sales particulars said, OUTSIDE PARKING FOR APPROXIMATELY TWO VEHICLES. On the sales particulars for our sale it said FRONT GARDED, HARDSTANDING USED BY VENFORS FOR PARKING (PLEASE NOTE KERB NOT OFFICIALLY LOWERED), and both of our cars were on the driveway when she took the photo.

So it looks like the solicitor has just assumed we have a dropped kerb, I would have thought that they would have a copy of the sales particulars, I know our solicitors has one for the property we are buying. Are there any rules as to if you have used parking for a over a certain length of time, then you don't have to apply for permission to cross the pavement? I just know that they are going to try to delay it until we get permission, but can they as it was in the particulars that we don't have a dropped kerb?

I think that is enough questions for now. I can cope with the one about will we be handing over the original of the guarantee for the flat roof on completion - er, did they think we would give them a photocopy and leave it at that?

Thanks for your help, I really want to get my answers faxed to my solicitor tomorrow, so she can fax theirs, we want to move into our new house, with a lovely garden, and a conservatory.

Doozergirl

1. I would pay for the indemnity. You have a defective title and you should have cover for this; really your solicitor should have picked up on this and your vendors should have paid for one when you purchased the house.

2. Just tell them, as per the particulars that the kerb has not been dropped.
If they want to negotiate on that, or want more indemnity policies, tell them to run and jump. They saw what was there when they viewed and offered accordingly. The council are hardly going to come chasing, asking you to drop the kerb if the kerb is the same height as the road.

Suewre

Thanks Doozergirl, any more advice before I attempt to contact my solicitor?