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Legal matters

Has anyone selling a house with an entry way been asked for an indemnity for it?

2 replies

Sally1723 · 03/07/2015 20:02

Try as I might with my solicitor and the EA, I still cannot get to the bottom of this seemingly ridiculous issue with our house sale. The house is of a style common in towns like Birmingham, Manchester and Leeds - a terrace built in 1904 with an entry way between our house and the neighbouring house. So, there must be a fair few people who have had experience selling or buying a house like this.

The house overhangs the entry by 18 inches - neighbours house the same. Therefore, it constitutes a flying freehold. Our buyer's lawyer has asked for an indemnity for the 'flying freehold'.

What planet are they on? The house and all those in a road that is five eighths of a mile have stood for over one hundred years.

If you have experienced the same or you live in a house like mine and sold it with no trouble, please advise. My solicitor is absolute rubbish and has advised I let the buyer's lawyer draw up the indemnity and I pay!

Any help at all will be very much appreciated.

Sally1723

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Sconejamcream · 04/07/2015 06:11

We were asked for this but I explained the the shared pathway had been there for over 150 years, that the main doors into the houses were in the original place as intended, and they other party could pay for an indemnity if needed as I wasn't. I was firm, as was my solicitor, as I think it was the other solicitor being an arse.

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Lonecatwithkitten · 04/07/2015 10:39

We were asked for one for a shared path on a similar Victorian house. It was £35 we just paid as arguing about it could potentially have cost more.

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