Easement problem

BISCUIT1

Thankyou for your response..I don't think in my case the other party would be willing to take part in any adjudication because they know I can disprove their case. They have backed down on their recent trespass but due to the whole issue I have discovered that they had previously trespassed so they are only giving me back part of what I should have in any case. They have refused a joint survey with ourselves and another neighbour whose land they were trying to take and I believe it is simply due to the fact that they know the survey will show we are correct (It was surveyed previously for sale and showed we were) If they refuse to take part can the adjudication still go ahead and a decision reached? I suppose then it is the problem of as you say enforcing the judgement..

Land_Registry

BISCUIT1 Our Practice Guide 37 will give you a better idea of how things can play out and section 4 is relevant

AnotherUserName

I was looking back through my paperwork from when I bought this place, and noticed that the seller was including a full title indemnity. I contacted the solicitor who acted for me, he said that he didn't have the plans etc that I was referring to, so I emailed them to him. Despite me asking three times, do I have a title indemnity and does it cover me?, he simply bypassed the question in his replies.

I may have to contact the sellers solicitors to find out if one was included or not.

One thing I have discovered in my research on the topic is that if you think there is, or might be, a boundary dispute, then any indemnity is nullified if you mention the existence of the indemnity, or engage in conversations regarding the position of the boundary with anyone, including the local council.

http://matthewwilkinson.co.uk/title-indemnity-insurance-the-devil-is-in-the-details/

The way that I read it, if I were to discuss the boundary, or agree to adjudication, then I would be in breach of the terms of the indemnity. Bearing in mind that I have not had sight of any policy etc, it is only good luck that I have refused to discuss the matter with the developer, or anyone else.

Land_Registry

AnotherUserName - I think you may be mixing two different uses of 'indemnity'

A full title indemnity given by the seller is likely to be very different from the type of indemnity policy some take out to insure against loss etc. Your later references relate to the latter type of indemnity.

The full title indemnity may simply relate to the seller offering you some form of guarantee over certain matters but the devil will be in the detail. I woukd suggest checking with your own solicitor as to its meaning and what, if any, relevance (if any) it may have to the issue you now face. I doubt if the seller's solicitor will engage with you on the point as they acted for the seller and dealt with your solicitor.