Help! Title indemnity insurance

[Lauren1707]

Looking for some help/advice/reassurance!

Myself and OH currently in the process of buying our new family home and our solicitor noticed that the right of way to our front door wasn’t owned by us and instead falls under “common parts” so it’s owned by all the homeowners in the estate.

As a “fix” our solicitor advised us about title indemnity insurance for absence of easement.

We are not our off by this at all as even our solicitor stated there’s a slim to none chance of the access being challenged and after 20 years we can apply for prescriptive access. The house is currently 9 years old and we don’t plan on moving from it.

Our solicitor has now contact our mortgage lender (HSBC) to advise them and see if they are happy with the indemnity insurance.

I am worried they will say no and we loose the house, am I overthinking it?

HSBC may raise an issue, especially if there is no easement noted on the title of the property. It will probably be fine though.

Thanks QueenMabby

I should have stayed that our solicitor has requested the indemnity as it is her view that the “common parts” have been conveyanced when the builder finished up on the estate however the current owner has signed a declaration to state that there has never been an issue with access rights. There are some properties that have the same “issue” and they have built fences/walls at their entrance way.

Praying all is ok as we’re due to get the keys in 2 weeks!