Indemnity insurance for right of way.

stratman69

Hello dear experts, I am the executor of my late father’s estate (situated in Northern Ireland) and am in process of arranging the sale of his house. The buyer’s solicitor has pointed out that the drive way to my father’s house in part goes over land owned by the next door neighbours (the drive is about 15 yards in length). The drive is tarmac and has been used by previous owners of my father’s house for at least 50 years. The buyer’s solicitor is insisting that I take out indemnity insurance against the risk that the neighbours will withdraw access to their part of the drive. Is this necessary or is the previous habitual use sufficient guarantee that the neighbours can not legally revoke access?

davidmcn

What evidence do you have of habitual use? Usually (at least in other bits of the UK) you'd be looking for affidavit(s) from residents, which is obviously more tricky in your situation. What's your solicitor's advice? Insurance doesn't usually cost much anyway.

stratman69

The evidence of habitual use is the presence of the tarmac drive from my father’s property to the street. I realise this isn’t evidence of use as such (but why have one if it is not used). Also there are photos going back over 50 years showing cars on the drive. 

davidmcn

stratman69 said:

The evidence of habitual use is the presence of the tarmac drive from my father’s property to the street. I realise this isn’t evidence of use as such (but why have one if it is not used). Also there are photos going back over 50 years showing cars on the drive. 

And does your solicitor think that ought to be sufficient without any need to back it up with insurance?

[Deleted User]

Just get the insurance, the cost is next to nothing in the scheme of things. Be extremely thankful they haven't pulled out or demanded a massive discount due to the virus.