Original conveyance missing plan

Bsharr

Hi everyone. I'm in the process of buying my first house, and it's been pretty straightforward. Mortgage approved, searches completed, and the majority of the enquiries raised have been satisfied. 

There is currently one enquiry outstanding: 
"Please can you provide indemnity for missing plan in the conveyance dated 249/1943?"

The sellers have been asked this multiple times over the past 8 weeks, and each time they have argued that no indemnity is needed and refused to arrange a policy. When I ask our solicitor what we can do at this point, they say they will not go ahead with the purchase without the indemnity to cover the fact the red edged plan is not attached to the original 1943 conveyance and the sellers are unable to provide it. My solicitor tells me this is to state land boundaries and rights of access. 

The sellers argument is that the property title plan is red edged (and demonstrates boundaries and rights of access) so supercedes the need for the plan from the original conveyance. My solicitor says that as the original conveyance refers to an "attached plan", it needs to either be included or an indemnity needs to be provided to cover the fact is it missing, but obviously the sellers solicitors disagree and are refusing to budge. 

Basically I'm asking who is in the right here? I don't want my house sale to fall through over something that to me, looks like a miniscule issue. How can one solicitor think it's enough of an issue to delay and even cease the sale of a house while another thinks its a non issue? What can I do? They've already had to arrange an indemnity for lacking correct building regs and this has cost them a whopping £12, so realistically how much extra money is an indemnity for this plan going to cost? Can I just offer to cover it myself if money is the issue?

We wanted to have completed on this house by mid August at the absolute latest (our offer was accepted in April) as wanted my daughter registered in school for the new school year and I start a new job (much closer to the house) on August 19th, and it looks like this isn't going to happen now. I'm stressed and sick of waiting now... I've not held up any of this sale and now it just feels like either my solicitor or the sellers solicitors are taking the !!!!!!. 

ian1246

Just instruct your solicitor to source an appropriate indemnity Policy to take out at exchange & say you'll pay for it. Problem solved!

Bsharr

ian1246 said:

Just instruct your solicitor to source an appropriate indemnity Policy to take out at exchange & say you'll pay for it. Problem solved!

I didn't know if this was possible! I'll ask about it and see how much it'll be thank you 👍🏼

Grizebeck

Bsharr said:

ian1246 said:

Just instruct your solicitor to source an appropriate indemnity Policy to take out at exchange & say you'll pay for it. Problem solved!

I didn't know if this was possible! I'll ask about it and see how much it'll be thank you 👍🏼

it will be a tiny amount

Bsharr

Grizebeck said:

Bsharr said:

ian1246 said:

Just instruct your solicitor to source an appropriate indemnity Policy to take out at exchange & say you'll pay for it. Problem solved!

I didn't know if this was possible! I'll ask about it and see how much it'll be thank you 👍🏼

it will be a tiny amount

Thank you for the reassurance! I'm happy to cover it myself as long as it's not excessive, either way my solicitors still charge a £75.00 legal fee to look over the policy whether it's in my name or the sellers 😒

Bsharr

Grizebeck said:

Bsharr said:

ian1246 said:

Just instruct your solicitor to source an appropriate indemnity Policy to take out at exchange & say you'll pay for it. Problem solved!

I didn't know if this was possible! I'll ask about it and see how much it'll be thank you 👍🏼

it will be a tiny amount

Coming back to this - do you know any way I could find how much this is likely to be? I'm waiting on my solicitor to get back to me as he's confirmed this morning that the sellers are outright refusing to get one, but he's said he will get back to me within a few days with a quote but id like to get an idea sooner if possible. 

user1977

Very little in the grand scheme of things, not much point in speculating.

BarelySentientAI

Bsharr said:

Grizebeck said:

Bsharr said:

ian1246 said:

Just instruct your solicitor to source an appropriate indemnity Policy to take out at exchange & say you'll pay for it. Problem solved!

I didn't know if this was possible! I'll ask about it and see how much it'll be thank you 👍🏼

it will be a tiny amount

Coming back to this - do you know any way I could find how much this is likely to be? I'm waiting on my solicitor to get back to me as he's confirmed this morning that the sellers are outright refusing to get one, but he's said he will get back to me within a few days with a quote but id like to get an idea sooner if possible. 

Building regs indemnity is often more expensive than defective title indemnity. 

Drawingaline

Indemnity policies we have had to buy in the past ranged from around £70 to £400. In the grand scheme of things when buying a house I would happily pay up to 1k if it meant we got it over the line. 

Our buyers got funny last time and I said to our solicitor, ask if they will buy it, if not just add it to our bill. She ended up managing to get them to pay half of it.