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Indemnity Insurance covering easements and covenants

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  • Indemnity Insurance covering easements and covenants

    I have agreed a sale on my house and my solicitor has been notified from my buyers solicitors that i need to take out the mentioned indemnity policy. I have done some research and am loathed to fork out £150 for a policy for something that will almost certainly not exist. I have lived on the estate since it was built (bar about 2 years) from 1981 to about 1986 and nothing has ever been enforced as part of any covenant or easement to my knowledge or my parents. The land that the estate was built on was 'claimed' under the Town and Country Planning Act by the local borough council who sold it to the developers and subsequently private owners. The local authority has been asked to cover this indemnity but they do not do that. Surely if something has not been challenged in the 25 years + that the estate has been inexistence then it will never. Has anyone experience of similar situation that can advise and inform me. Ta Edz

  • #2
    Re: Indemnity Insurance covering easements and covenants

    What are the alleged breaches of covenant or lack of easements? How long have things been like that?

    It is not the age of the covenant that is relevant but the age of the breach.

    Breaches that can be shown to be more than 20 years old are not enforceable under Hepworth v Pickles.
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.


    • #3
      Re: Indemnity Insurance covering easements and covenants

      Richard, Thanks for post
      I have not been made aware of any Breaches of any easements or covenants. My buyer's solicitor wants me to have an indemnity in place (costing £150) as there 'might' be easements and/or covenants in place that didn't come about from any searches. Prior to the local authority taking possession of the land there is nothing registered with HM Land Registry about who owned the land prior to them and therefore no knowledge of potential easements or covenants.