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Vineet S
Vineet S,
Category: Property Law
Satisfied Customers: 668
Experience:  Freelance Solicitor at Self Employed
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We are in the process of selling our house, and have

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Hi there. We are in the process of selling our house, and have (unknowingly) breached one of the covenants by having a conservatory built. We contacted the developer (who built the house on an estate of 300 similar properties 12 years ago) to ask if this is still relevant.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: In the meantime, we asked our solicitor about indemnity insurance. But they have advised that because we made contact with the house builder, this will not be an option. Is this really case when all we have sent to the builder is an initial email (to which we have had no response as yet)?
JA: Where is the house located?
Customer: We literally just filled in a generic contact form on their website. We live in Huddersfield
JA: Anything else you want the Lawyer to know before I connect you?
Customer: that's all, thank you

Welcome to JA. I’m Vineet, a UK qualified & practicing Solicitor and I will be dealing with your case today.

Indemnity Insurance is often taken out when a seller has breached a restrictive covenant which can't be easily rectified and as such the buyer wants to have insurance in place in the event the party with the right looks to enforce the covenant in the future.

If you have already notify the relevant authorities here, then the indemnity insurance can not be taken

Customer: replied 4 days ago.
Hi there. Is this the case even at the point of just a query? We literally filled in their generic contact from on their website, which they haven't responded to, so we haven't officially completed any paperwork etc?

As you yourself have alerted the builders here , now you can not take advantage of the indemnity insurance.

You have to wait for the response from the builders now

If in the query , you have mentioned about the breach of that covenant

I would suggest that you should wait for the response from the builders

If you need further assistance, please let me know.

&

If that answers your question, Kindly remember to rate my service by selecting the 5 stars at the top of your screen before you leave JA today

Customer: replied 4 days ago.
Ok, thank you. In your experience, would a housebuilder object after 12 years? And most houses have altered their properties on the estate?

12 years is pretty long for builders to take action now, Local authorities can also take action within 2 years of completion of work that is not adhering to the building regulations

You have to rely on the builders reply , though they may not be able to take any action

Please don`t forget to rate the answer before you leave JA today, so that I could get credited for my time

Thank you and all the best

Customer: replied 4 days ago.
Ok thank you. We do have building regs and completion certificate for the works done. We thought that was all we needed.

If there is restrictive covenant, then permission of the builders would have been required before starting any such work

Customer: replied 4 days ago.
Ok, thanks for your help

If that answers your question, Please don`t forget to rate the answer before you leave JA today, so that I could get credited for my time

Thank you and all the best.

If that answers your question, May I politely remind you to rate my service by selecting the 5 stars at the top of your screen before you leave JA today.

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