To pay or not to pay indemnity insurance for a historical right of way? Help please!

Bobbingalong

Hello clever money people I'm selling my house and my Buyer's solicitor is requiring indemnity insurance for a historical right of way across my property to my neighbour's garden. When I bought this property 9 years ago, my solicitor didn't ask for indemnity insurance and I'm very reluctant to pay it now, especially as this right has never been exercised in all the time I've been here. Do I need to pay it??? There's a gate for this right of way in the fence to the right of my house, bolted my side, with another gate in the fence to the left into my neighbour's garden, bolted her side. My neighbour has a front door and a back door and has no need to come through my garden to access her home. Advice would be MUCH appreciated! Thank yoooou ...

david1951

You can say that you don't believe it to be necessary and would expect the buyer to pay for their own indemnity insurance.

Sounds a bit stupid anyway as the garden is accessible through the two gates.

moneyistooshorttomention

If someone decides to use that ROW in the future - then they have the right to do so.

I rather doubt whether a legal "fight" about it would go in your favour - in which case "Why bother to take out the indemnity insurance? - as your buyer would have to reinstate access to the ROW anyway?"

MobileSaver

Bobbingalong wrote: »

my Buyer's solicitor is requiring indemnity insurance for a historical right of way across my property

Indemnity insurance against what exactly?

Hoploz

Yes, the right of way remains - there are gates. What financial loss would there be if someone decided to pull their dustbin through the end of your garden? I don't see what it would be insuring against.

stator

As above I can't imagine what the insurance would be for.
The buyers need to accept that at some point in the future your neighbours may want to come through the garden and if they do so you can't stop them.
Having an indemnity insurance policy wouldn't alter the fact that they come through your garden.
The only thing I can think of is that it might insure against loss of value of the house, but I can't see how it would make that much difference.

AdrianC

Are you talking about a public RoW, or a RoW for some specific named individual or group only?

What costs would be being indemnified by this policy?

NicNicP

Our vendors had to purchase some for an extension that was built with no planning permission. It only cost a couple of hundred pounds and although we probably would've paid if they didn't agree to, the next buyers would probably ask for the same thing.

moneyistooshorttomention

NicNicP wrote: »

Our vendors had to purchase some for an extension that was built with no planning permission. It only cost a couple of hundred pounds and although we probably would've paid if they didn't agree to, the next buyers would probably ask for the same thing.

Illicit extensions are a very different scenario to ROW's. I believe an illicit extension becomes "fixed" and nothing can be done about it after a few years. ROW's continue permanently.

stator

moneyistooshorttomention wrote: »

Illicit extensions are a very different scenario to ROW's. I believe an illicit extension becomes "fixed" and nothing can be done about it after a few years. ROW's continue permanently.

An indemnity for an extension without permission also has a reason for existing. If the council forced you to knock it down the indemnity could cover your losses.
An indemnity for a right of way would cover you for what costs?

Bobbingalong

Many thanks for all the helpful replies. It turns out the indemnity insurance is to do with access to the house via a joint path, not the ROW across the back of the property. Apparently the 1957 Conveyance doesn't mention the right to use the joint path, although it does clearly show in a diagram attached that the joint path is part of my property. My solicitors said they agreed with me that I not pay this insurance, then today told me the Buyer's solicitor is correct in asking me to pay!!! When I bought this house, my solicitor didn't ask for indemnity insurance re the joint path but apparently that was her omission. Hey ho, I'll pay it - it's 'only' £100 - just to move things along.
Thanks again, y'all.