Ease of Indemnity Policy Help Please

jostenning

A brief outline.


2008 bought a house jointly with my brother.


2016 in the process of doing a transfer of equity, me coming off the deeds and mortgage.
brothers wife going on deeds and new mortgage.


Mortgage has been approved for my brother and his wife - no cash changing hands for the equity, literally changing the names.


Solicitors appointed to deal with transfer of title deed.


Searches done and it's flagged up with something about shared access across land at the back of the house.


From memory, this came up in 2008 when we bought it in 2008 and everything went through OK.


Current solicitors are asking if we have an Ease of Indemnity Policy, which should have been obtained by the solicitor we used in 2008.


We can't find a document with this on so have the contacted original solicitor, who we believe may have since retired and are not getting any replies from him.


Before we ring our current solicitors, what should we expect the outcome to be - are we going to have to pay them to obtain a new one and any idea of cost - house valued around £105k.


We have already been quoted for the transfer of equity and searches, so presumably will be more to pay now.


My brother has lived there since 2008 and has never had any problems so just wanted to ask people's opinion as don't want to be fobbed off by the solicitors if we don't really need this.
Thanks.

davidmcn

It depends what "something about shared access across land at the back of the house" means, really. But it's unlikely to be a huge cost (the current solicitors should be able to tell you) and up to you/brother/SIL who pays.

jostenning

Thanks David. It's a row of terraced houses and the back gardens of the houses are separated by a shared tarmac driveway that the residents all have to drive over to get to the back of the houses. Also, they have to walk across the tarmac to enter their back gardens so I assume it would be in connection with this.
Will give our current solicitors a ring later to ask re. price.

eddddy

jostenning wrote: »

Current solicitors are asking if we have an Ease of Indemnity Policy...

Could that be an Absence of Easement Indemnity Policy?

You can read what that is, and just for info, get an illustrative online quote here:

http://www.gcs-title.co.uk/instant-issue/policies-glance/absence-of-easement/

But your solicitor will actually arrange a policy from his/her preferred supplier - so you don't buy it yourself.

(And the link is just for info - it's not a recommendation.)

G_M

If you've managed to walk back and forth across the tarmac to your garden without problems since 2008, and have never had an issue ith a neighbour or other person in relation to this access, it seems superfluous.

However it could be the mortgage lender is insisting on an insurance policy? If that is the case, your solicitor can arrange the policy and you simpky have to decide who pays for it.

lincroft1710

As the drive is tarmac this suggests someone has paid/is paying for its maintenance.