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Express right of support and protection from adjoining properties

Hi 

I am in the process of purchasing a property and have been advised by my solicitor the following:


We would draw your attention to the fact that the property does not appear to benefit from express rights of support and protection from adjoining properties. A right of support is the right of a landowner to have his buildings supported by his neighbour's house or other structure. 

The seller's solicitor has proposed that the matter be resolved by way of an indemnity insurance policy. We would make you aware that an indemnity insurance policy will only cover legal fees incurred in defending any claim brought by virtue of the lack of right of support and protection and does not afford any protection in the event that such a claim is successful. In the event that a claim against you was successful, the property could be rendered worthless.

You will appreciate that we are instructed to act upon behalf of both you and your lender. We have therefore been obliged to write to your lender in similar terms and advise against proceeding with an indemnity insurance policy. 

I am not sure what to do the property is located in Blackpool and was going to pose as BTL.

Do I have any options here any help will be grateful.

Many thanks

Comments

  • ProDave
    ProDave Posts: 3,785 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper Combo Breaker
    Why would it need this right of support and protection?  Is it on a steep hill and refers to retaining walls to stop it sliding down the hill into next door?
  • sukh38
    sukh38 Posts: 115 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker
    ProDave said:
    Why would it need this right of support and protection?  Is it on a steep hill and refers to retaining walls to stop it sliding down the hill into next door?
    No its n actual right of access in the legal form not physical
  • user1977
    user1977 Posts: 17,265 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    If you don't understand your solicitor's comments, phone them and discuss.
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