Public liability insurance for the house

Cpu2007

A house I'm trying to buy has a public portion that is being sold with the house, this portion is basically a footpath in the backyard area.

My solicitor said that if they don't amend the map and take that public portion under their name then I'll have to pay for insurance to avoid public liability

If they won't take it back, the other option is to fence the area but even for that we will need permission as it's still a footpath.

It looks like they are not amending it and that area falls under my name and they will not allow to fence the area either.

Do I have any option other than buying an insurance for that area, what kind of insurance do I need exactly for this issue?

Thank you

davidmcn

Who are "they"? What sort of "public" are using the footpath, is it a public right of way? Or just a communal path used by neighbours? Is it actually adopted as a public highway?

Standard home insurance covers you for liability to visitors etc, not sure you necessarily need special cover.

AdrianC

I don't know what you mean by "a public portion". Do you simply mean that there's a right of way through part of the garden?

If so, then I don't know what you mean by "take that public portion under their name". Who? You mean you want the vendor to retain ownership of part of your garden? Why...?

And, no, it's not at all easy to change the route of a right of way or extinguish it...

Normal house insurance covers all the liability you need for a right of way through the garden - I've got one just past the back door. It's really nothing to be worried about. Nobody has any more right to go anywhere on your land other than the strict footpath route than if there was no footpath there. No need to fence anything off. No need to do strangenesses with the title.

Your other option is not not buy that property.

Cpu2007

It's an agency that it's selling it
It's a strange situation I'll try to explain it with a picture

The picture below shows the area in yellow, which is ours.
However, they are saying that the area in red is ours as well and this area it's actually a footpath.

If is ours, we don't mind fencing it so we can get a bigger backyard but we can't do it and as you can see it it's a footpath that technically can be used by anyone

davidmcn

What sort of "agency"?

Is the area part of the public highway? If so then it doesn't matter who has the underlying title to it, it's the council who are responsible for any defects etc.

AdrianC

Cpu2007 wrote: »

The picture below shows the area in yellow, which is ours.
However, they are saying that the area in red is ours as well and this area it's actually a footpath.

And what does the Land Registry map show for the plot? That's the only thing that matters.

Cpu2007

The it's a housing association
The land registry shows that area is ours, in the land registry the map covers that area as part of the house

need_an_answer

I think I remember this sort of thing being a "hot topic" a few years ago where there were several new build estates going up dissecting public footpaths and rambling and walking groups taking great pleasure in exercising their right of way though owners back gardens.


Have you actually had a quote for the insurance premium?

and in reality how likely do you believe that anyone is likely to want to claim from you because of presumably accident or injury whilst crossing this area?


Thinking aloud is it not too dissimilar to the liability we all should have as part of home insurance etc to cover the cost of a roof tile falling from our home and injuring someone?

Cpu2007

we are going to get insurance for the house
we don't really need what kind of insurance we need for this, as public liability insurance it's usually for businesses unless I'm wrong

It's unlikely someone will get injured but it's a risk at the end of the day and I'd rather be safe than sorry.

however the question in this case it whether i should be liable for this, if I'm not then I will not be getting an extra insurance

davidmcn

Cpu2007 wrote: »

The land registry shows that area is ours, in the land registry the map covers that area as part of the house

I'll ask again - is that road a public one, and if so have you seen a search showing whether or not that bit is adopted as part of the public highway? If it is, then it's irrelevant who has title to it.

need_an_answer

What has the vendor done previously...have they insured it?