How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

Is it possible to get an indemnity to protect a future purchaser

Customer Question

Is it possible to get an indemnity to protect a future purchaser of my house against potential flood risk? I am about to put my house on the market, and the fields behind my property flooded early this year due to land drainage issues. These issues are in the process of being fixed by the land owner but I don't want potential buyers to use that as a bargaining tool so I was thinking of taking out an indemnity to cover this risk.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Has the property ever been flooded?
Customer: replied 2 years ago.
Yes, though it didn't get into the house and didn't cause any permanent damage. It flooded our garden, but only because the landowner behind my property hadn't maintained the land drain and their was a blockage. This is now being fixed. However, it will show up in searches as the council have been involved.
Expert:  Jo C. replied 2 years ago.
Thank you.
An indemnity policy is another name for an insurance policy and this is the kind of thing that is covered by a normal household insurance policy
There is no separate indemnity policy that covers this that I have ever heard of.
The usual kind of indemnity policies are in respect of missing deeds or easements or an absent landlord and are a one off premium to cover a conveyancing risk when someone buys the property as opposed to a risk with the actual property itself.
The same thing applies to chimney pots falling off, accidental damage and suchlike.
Your buyer therefore would just be faced with taking their own insurance policy out.
What you could do is make some enquiries through an insurance company or a mortgage broker so that you can confirm that insurance is available by a future buyer if the question of flooding does crop up.
Remember that caveat emptor applies and you do not have to volunteer anything about the flooding unless specifically asked or unless you actually want to.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks for the response Jo. So, just to confirm:



  1. I don't need to declare it to any potential buyers

  2. A standard household insurance policy with flood risk included would be adequate protection for a potential buyer


The local council have been involved and are enforcing the land drainage act with the land owner where the blocked land drain is. Would this show up in any searches that a potential buyer would take out?

Customer: replied 2 years ago.

Thanks for the response Jo.

The local council have been involved and are enforcing the land drainage act with the land owner where the blocked land drain is. Would this show up in any searches that a potential buyer would take out?

Also, just to confirm:



  • I don't need to declare it to any potential buyers?



  • A standard household insurance policy with flood risk included would be adequate protection for a potential buyer?


Thanks

Steve

Expert:  Jo C. replied 2 years ago.
Thanks.
I will look at this now.
Expert:  Jo C. replied 2 years ago.
It may show up on the local search but not necessarily as it is against the neighbouring property and not yours. Whether you had to disclose this really comes down to whether it has ever become an issue between you and the
neighbour that could be classed as (even remotely) a dispute.
The fact that you may be aware of something doesn't necessarily mean that you have to disclose it but the fact that there has been an issue with the neighbour which could loosely be called a dispute and the question about disputes is specifically asked, in standard enquiries, you may want to disclose it.
There is the question anyway as to whether a property has ever been flooded.
Remember that caveat emptor applies and unless a question is asked, you don't have to disclose anything

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions