FTB: Natural ground subsidence, Absence of Easement and Restrictive Covenants

Mani_London

Hi,

I am buying my first house. My solicitors has sent me all the searches and the report on Title. I need help in below issues:
Natural ground subsidence: In environmental search i can see there is a mention of Natural Ground Subsidence. I am buying in London. Home Buyer report does not mention anything about subsidence and there are no visible cracks or any historical movements. In environmental search all the area is highlighted in red. I believe as i read on the forum this is because London is considered as subsidence prone. 
Absence of Easement : There is a rear access way and they have been using it without issue. In title checker they have recommended Absence of Easement insurance. My solicitors didn't mention anything in their report as vendors confirmed there are no issues using that space and no issues at all. Should i not take this insurance as it is starting from £70
Restrictive Covenants: The only restriction is smoke control order and vendor has confirmed there is no Notice of breach for the covenants. In title checker they have recommended Restrictive Covenants indemnity insurance and starts from £52. Should i just ignore it. 

My solicitors just recommended to get chancel indemnity insurance which i will get. 

Also vendors have not provided gas safe certificate and FENSA Certificate. I can see online both are available from the respective website for £31 all together. Do you think i should pay it and keep it for my record or ask vendor through estate agent to pay and forward it to their solicitors. 
Please guide with your experience. 
many Thanks

princeofpounds

Ground conditions - yes many areas in London tend to flag up for this. If the building is solid then you don't need to worry about it.

The property probably (but not necessarily) does have an easement over the rear accessway - maybe not granted but possibly due to prescription or implication. If so, the indemnity is not strictly necessary but may be reassuring. The convention is vendors pay but they don't have to agree.

Don't see why you would want restrictive covenants insurance.

GasSafe - not a legal obligation, but if they don't get the boiler serviced then you should assume you will need to do so and it may involve a repair bill. The certificate itself is secondary to it being in good working order, unless you plan to rent out. It's possible the installation doesn't comply for technical reasons even if it actually functions well. Make sure you have a CO monitor from day one.

Fensa - I presume new windows were installed. If you can get copies you should do, as it will make any later sale smoother. 

Mani_London

princeofpounds said:

Ground conditions - yes many areas in London tend to flag up for this. If the building is solid then you don't need to worry about it.

The property probably (but not necessarily) does have an easement over the rear accessway - maybe not granted but possibly due to prescription or implication. If so, the indemnity is not strictly necessary but may be reassuring. The convention is vendors pay but they don't have to agree.

Don't see why you would want restrictive covenants insurance.

GasSafe - not a legal obligation, but if they don't get the boiler serviced then you should assume you will need to do so and it may involve a repair bill. The certificate itself is secondary to it being in good working order, unless you plan to rent out. It's possible the installation doesn't comply for technical reasons even if it actually functions well. Make sure you have a CO monitor from day one.

Fensa - I presume new windows were installed. If you can get copies you should do, as it will make any later sale smoother. 

Thank you @princeofpounds. Vendors have confirmed in terms of access to rear access way that there have never been any issues and nor they been asked for any payments for maintenance. 
Will not be taking restrictive covenants insurance. 
We are buying as our family home, i will ask vendor to get the certificate and provide any further service certificates if they have any. But it is defo not a deal breaker. I have extra budget just in case for stuff like these
In regards to Fensa they replaced the door as that what i can see. I can see anyone can download that certificate by paying a fee. if i do it myself will that be okay ?
Many Thanks

Irishpearce26

@princeofpounds is spot on. Yes you can pay for the certificate however make sure you check before that it is actually for what they say it is. My previous seller said the conservatory had fensa and gave me certificates, I checked the website after we bought and they were for something different.

Jumblebumble

princeofpounds said:

Ground conditions - yes many areas in London tend to flag up for this. If the building is solid then you don't need to worry about it.

The property probably (but not necessarily) does have an easement over the rear accessway - maybe not granted but possibly due to prescription or implication. If so, the indemnity is not strictly necessary but may be reassuring. The convention is vendors pay but they don't have to agree.

Don't see why you would want restrictive covenants insurance.

GasSafe - not a legal obligation, but if they don't get the boiler serviced then you should assume you will need to do so and it may involve a repair bill. The certificate itself is secondary to it being in good working order, unless you plan to rent out. It's possible the installation doesn't comply for technical reasons even if it actually functions well. Make sure you have a CO monitor from day one.

Fensa - I presume new windows were installed. If you can get copies you should do, as it will make any later sale smoother. 

I would add that the presence of a gas safe certificate does not in any way guarantee a correctly working boiler/CH system
( The system could have a slow leak and need topping up every few days and I suspect that a combi that heats but doesn't provide any hot water owing to a  faulty diverter valve would happily pass a cp12

Mani_London

Thanks @Irishpearce26 and @Jumblebumble
My Solicitor has advised to just buy Indemnity insurance for Chancel repair. As he mentioned i have a access of right in title deed so no need to get any other insurance. 

Slinky

Irishpearce26 said:

@princeofpounds is spot on. Yes you can pay for the certificate however make sure you check before that it is actually for what they say it is. My previous seller said the conservatory had fensa and gave me certificates, I checked the website after we bought and they were for something different.

Taken from the Fensa website "Conservatories and porches are not covered under the FENSA scheme because under the Building Regulations they are generally not considered to be part of the thermal envelope of the property."

Mani_London

Thanks @Slinky My solicitors has said they vendor will provide these certificates as they are available online and i dont have to worry about them. 

Irishpearce26

Slinky said:

Irishpearce26 said:

@princeofpounds is spot on. Yes you can pay for the certificate however make sure you check before that it is actually for what they say it is. My previous seller said the conservatory had fensa and gave me certificates, I checked the website after we bought and they were for something different.

Taken from the Fensa website "Conservatories and porches are not covered under the FENSA scheme because under the Building Regulations they are generally not considered to be part of the thermal envelope of the property."

Ah that explains why they weren't on there. Seller was adamant they were for the conservatory. Cheers