Conveyancing

Blotto17

• I am coming to the end of a house purchase. First time buying.free hold but in an estate with an annual maintenance fee. There are two outstanding enquiries which my solicitor is unhappy about. The sellers solicitors are refusing to deal with a plans issue any further (they are not in colour). This should be a straightforward application to the Land Registry but they do not believe that this is an issue. 
• The original transfer deed does not exclude something which it should and the sellers solicitors are outright refusing the Deed of Variation request. My mortgage lender is demanding this also.  Indemnity Insurance can be taken out but it will depend on whether the lender will accept this.  

Are these issues common with house buying and how are they normally resolved? 

If this sale were to fall through for any reason and the sellers were to find a new buyer, wouldn’t they just run into the same problems again? If so why can’t they just fix the problem now? 

Do you think my lender is being especially cautious? I’m just trying to understand why the two sides have such opposing views. 

I’m not really familiar with indemnity insurance - would proceeding with it be a satisfactory long-term solution or would it just cover the risk without resolving the underlying problem? 

I’m also concerned about the potential implications this might have down the line - for example, if I wanted to sell or remortgage the property in the future. Would these unresolved problems likely resurface then?

user1977

Presumably the decision-making of "your lender" is really just them following the advice of your solicitor? So ask your solicitor?

Blotto17

Believe me. I have. Just want to get as much advice as possible. Very uncharted territory for me 

GDB2222

To get a better response, it may help if you are far more explicit about what is wrong. Indemnity insurance tends to be very cheap, and the reason is that it only covers matters that are unlikely ever to occur in practice, or the policy is so hedged by conditions that you can't claim. 

Also, you implied in your first post that the seller is being difficult. In other words, they could do what you are asking, but they can't be bothered. If that's the case, then you can get it done once you own the property, and it's just a question of how much it will cost. If that's a lot, you maybe want to renegotiate the price. 

Land_Registry

These are 'normal issues' that can arise and invariably how significant they are will depend on the lender, conveyancer and seller/buyer in that order 
Conveyancing, which includes lending and registration, is all about risk management around the information available and how 'good' that is to enable you to minimalise any risks to a level that is not significant enough to stop the conveyancing process. Remember the order though of whose 'risk' assessment generally matters most
In times of olde the issues you refer to may not have been seen as 'risks' as there was an element of human judgment involved that might for example conclude 'not an issue'
Roll on to modern times and with computers and algorithms to satisfy that human element remains but in the form of a computer that decides Y or N - I put that very bluntly but merely to paint a possible picture and not to be critical of such things as it does make the process a lot simpler for many sellers/buyers/lenders and more
Bottom line is that with such issues you either resolve them - so a deed of variation that does that; or you insure against the risk as perceived (indemnity insurance)
The latter option is often the quickest and the cheapest and far more common nowadays that it used to be 
But as mentioned whether an indemnity policy is enough for the lender is the key Q here and one to ask the conveyancer who may act for the lender anyway
And remember the selling/buying process is all about negotiation so if a seller refuses something then so can you. But the main option to refuse rests with the new mortgage lender so work your way back down the line for a better understanding of who can actually resolve the issue

Blotto17

I think the issue with deed of variation might be to do with the annual service charge for the estate - maintenance etc. if these charges are not maintained the property could go from freehold to leasehold. I think that’s my understanding of it it anyway.
 There is another issue with the land registry and the plans being in black and white rather than colour. 

If these issues were not “fixed” before completion and my lender allowed the sale to go ahead  with indemnity insurance, could I potentially fix them myself further down the line to avoid problems for when/if I want to sell the property myself?