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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask MarianC Your Own Question
MarianC
MarianC, Solicitor
Category: Law
Satisfied Customers: 793
Experience:  Expert
109551472
Type Your Law Question Here...
MarianC is online now

Can you advise whether indemnity insurance will cover the

This answer was rated:

Hi,
JA: Hi. How can I help?
Customer: Can you advise whether indemnity insurance will cover the risk associated with the following clause in the TP1. The solicitors acting on behalf of the executors have no knowledge of the property and want to protect their interests going forward. There is nothing in the existing registers to suggest any covenants exist, but seems they are just trying to cover all angles:
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: 12.18 The Transferee hereby covenants with the Transferor for himself and his successors in title the owners and occupiers for the time being of the Property to observe and perform the covenants conditions and stipulations affecting the Property whether or not contained or referred to in the Registers of Title number CU309561 so far as they still subsist and relate to the Property and remain enforceable and will indemnify and keep the Transferor and his respective estates and affects fully and effectively indemnified against all actions proceedings damages costs claims and expenses in respect of any future breach or non-observance or non-performance of those covenants conditions and stipulations
JA: Where is the property located?
Customer: Cumbria
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Good afternoon

I hope you are well. I will assist with your question today. Please note that this is not a chat service so whilst I will endeavour to respond as soon as possible, replies may be intermittent.

Do you have the official copies of the title please so I can take a look for you?

Customer: replied 23 days ago.
File attached (LPG63T1)

Thank you

Do you have the title deeds for CU309561 please?

Customer: replied 23 days ago.
File attached (M773G5P)

Thank you. That is just the plan, if you can upload the title deeds that would be great.

Thanks

Customer: replied 23 days ago.
Sorry I cannot locate these just now but do know there were no chain of covenant within them, the executors solicitors are simply trying to ensure their position is protected after the sale, despite not knowing of any covenants in place.
Customer: replied 23 days ago.
If in the future I sell the property with this indemnity covenant in place and indemnity insurance would a potential purchaser have any concerns?

No problem at all. I just wanted to check whether there were any specific covenants that may be of concern.

This is a standard covenant in transfers. It is quite likely when you sell the property later down the line, your solicitor will include a similar covenant.

Prospective buyers should not have any concerns in this respect. If you obtain a indemnity insurance as well, this will protect your position.

Hope this helps.

Customer: replied 23 days ago.
Thanks for your help. Its what I thought but good to get this confirmed.

No problem at all.

Please do let me know if you require anything further.

MarianC and other Law Specialists are ready to help you