Covenant and indemnity insurance

[drowninginstuff09]

Hello, just wondering if anyone has any advice!

I am buying an ex-council house, and the solicitors have forwarded me a copy of a covenant from the 1960s. In it. it says that the council needs to be asked before parking a car on the property and putting up a garage. The house has a garage that was put up in the 70s and a driveway with a dropped curb.

My solicitors asked whether permission was gained, and/or if there was indemnity insurance in place and the sellers solicitors have said there was no consent and that due to the age they've been in place they won't be providing insurance.

Does this sound right? I haven't a clue myself. Should I just forget about indemnity insurance and hope the council never mention it, or pay for it myself? It's the last thing I think that needed sorting before we go to exchange, but I really could have done without an extra thing to pay for!

Thanks in advance for any advice

Have a look at the Hepworth v Pickles case - a covenant that has been breached for 24 years or more is deemed no longer enforceable. 20 years is now widely accepted as the cut off.

I'm a conveyancing solicitor and would be fine with this in practice, don't panic

Thank you so much, I feel much more at ease now

Glad you are well over the cut off. My first house ended up needing a couple of indemnity policies over covenants the then owners knew nothing about. No pp over patio doors (required at the time they were installed) and no right of way to front door...cost them about £200 for the both of them and then I just had to pay a top up (to increased value of house) when I sold.