Absence of Easement indemnity without declaration

Westendfan89

Hi 

I’m in the process of buying a house which is in probate. The executor is selling the house and so far everything has gone great. It is a 1900s terrace in Liverpool and there are allygates at the rear of the property that secure the ally and mean only residents can access the ally to put their bins out. 

Our solicitor has asked for a declaration that the vendor has had access to the ally for at least 12 months but as they don’t live there they have declined to provide it. The solicitor now wants to take out an indemnity for £180 but the vendor won’t sign the declaration. The solicitor is talking to the mortgage provider who wants more information and is also seeking other indemnity quotes. 

However I’m not sure how worried I should be about this. The council own the and manage the access and so I’m not worried about access when we move in. However I’m not sure if it’s possible to get the indemnity without the declaration? And how much it could go up to in term of costs? 

Or if the Mortage company (nationwide) will be happy without it? 

Does anyone have any advise or experience of this? 

sheramber

My title deeds show my right of access to  the alleyway from my back garden , past two house and up  between two house to the road. 

It also shows right of way through my other next door neighbour’s back garden to the road. I do not use that one. 

badmemory

Don't you love those indemnity charges.  I had to pay one when selling my mother's because I couldn't prove that her double glazing was OVER 20 years old.  Nice little earners very often.

user1977

Worst case scenario is you can't use the alley (not "ally"!). How much would that matter? It doesn't sound crucial to the value of the property, just a handy alternative to bringing everything through the house.

Chief_of_Staffy

Pay for it yourself it if bothers you. As a seller I would never pay for an indemnity policy.