Easement Indemnity

V_Cooper

We are selling part of our property to a neighbour. His solicitor keeps insisting we find an indemnity policy to submit to her. Basically there is an easement that has some 30 years yet to expire across this piece of land for the owner of a field adjacent to put in and maintain services. As the field abuts a highway and the easement hasn't been used in 50 years we cannot see they will need to do this. The field is in AONB and GB and any attempt to build on it has been turned down by the council and on appeal so it is unlikely that it will be built on to need any services, which he can obviously run from the highway through his own land in any case! Although we have stated three times that it is up to the neighbour to obtain his own indemnity policy and pay for it (according to British Insurance Brokers Assn), she persists in holding things up. Now I have tried to find a policy to cover against a third party using an easment, but the policies all relate to lack of easments and not the other way around. Our solicitor supports our view. Any help please guys!

G_M

They are buying land with an easement. If they don't like the easement, they should buy different land.


A firm "this is what we are selling it comes with an easement" will make or break these idiots.

davidmcn

V_Cooper wrote: »

we have stated three times that it is up to the neighbour to obtain his own indemnity policy and pay for it (according to British Insurance Brokers Assn),

In reality, who pays for any indemnity policy is a matter for negotiation between buyer and seller. If the easement has been put in place for possible future development (which might still happen, even if you think it unlikely), I'm not sure that it can be easily insured against. I expect the neighbour can be persuaded to discharge the easement, for a suitable price.