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Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10451
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Why does my property solicitor keep trying to sell me indeminty

Customer Question

Why does my property solicitor keep trying to sell me indeminty insurance on questions?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

No Chancel indemnity insurance is required for properties registered at the Land Registry, unless there is a specific note on the Deeds to the property you are purchasing to say there is a chancel liability. The law changed Oct 2013 to confirm that only if there is such a charge on the Deeds, can the local Church request payment from the owner.

You only require indemnity insurance for a "search delay" if there is an emergency to exchange Contracts and your Local Search won't be back in time. Local searches only normally take 7-14 days maximum to receive.

If the property has been subject to a gift in the last 5 years, your Solicitor should make sure that indemnity insurance is taken out, especially if you are having a Mortgage. However, it would be normal for the Seller to pay for this, as it is a potential defect on the title and hence the Seller's responsibility.

I hope this sets out the legal position to you and you should therefore ask your Solicitor for clarification as to whether you should (or have to) pay for any of the indemnity policies.

Kind Regards
AL
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Can I change my solicitor part way through if I am unhappy?
Expert:  Aston Lawyer replied 3 years ago.

Hi,

You can change Solicitors, but I would only recommend it as a last resort, as it will delay matters somewhat and your existing Solicitor may be entitled to charge you for the work he has already carried out.
He would be able to send the searches to your new Solicitor so you wouldn't have to pay for new searches.

Hope this helps.

Kind Regards
AL