Easement insurance vs Statutory declaration
Discussion
Apologies for the probably incorrect spelling in the title.
I'm trying to buy a house which is on a private road. The land registry documents do not depict the right of access for a small section of the private road where it joins the public road and the mortgage company have requested an indemnity policy to be taken out to cover this.
Now, the access has clearly been in use since the road and houses were built (over 100 years ago), but as the sellers have only been in the house 5 years they are unable to provide a declaration for the required period to demonstrate the right of access (20 years). Is there any recourse for them other than to take out indeminity? I presume the declaration of another person who lives on the road and has done for more than 20 years would not be good enough as it wouldn't relate to the access rights of the specific house owner in question?
I ask as the seller is trying to press me to pay for the indemnity, which I feel is a little unreasonable as it would be a requirement of any mortgage provider lending on the property. Frustrating given that I am providing a nice easy sale (first time buyer, good offer, flexible on move dates which they have put back already).
I'm trying to buy a house which is on a private road. The land registry documents do not depict the right of access for a small section of the private road where it joins the public road and the mortgage company have requested an indemnity policy to be taken out to cover this.
Now, the access has clearly been in use since the road and houses were built (over 100 years ago), but as the sellers have only been in the house 5 years they are unable to provide a declaration for the required period to demonstrate the right of access (20 years). Is there any recourse for them other than to take out indeminity? I presume the declaration of another person who lives on the road and has done for more than 20 years would not be good enough as it wouldn't relate to the access rights of the specific house owner in question?
I ask as the seller is trying to press me to pay for the indemnity, which I feel is a little unreasonable as it would be a requirement of any mortgage provider lending on the property. Frustrating given that I am providing a nice easy sale (first time buyer, good offer, flexible on move dates which they have put back already).
So I am purchasing a house with rear access to the garage area. There is no right of way over it. I spoke to the solicitors and they said its pretty standard to get easement insurance which the sellers agree to pay (normally).
I also have spoken to people who said the same thing, sellers paid for easement insurance.
I also have spoken to people who said the same thing, sellers paid for easement insurance.
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