Indemnity Polcy

[TuskenJawa]

Hello

We are in the process of buying and selling houses. We had our driveway tarmacked and kerb dropped about 18 months ago. Our buyers solicitor reckons we have broken a covenant and we have to pay an indemnity. I have asked how much this is but my solicitor hasn’t quoted me a figure yet. Has anyone else had this sort of experience?

Thanks in advance

[echat11]

Did you seek planning permission? It might be an idea to see if planning permission for the kerb can be sought retrospectively.

[des8]

Indemnity policies are generally cheapish, but we are not insurance underwriters, nor do we have full facts.
await your solicitor's advice

PS no need for duplicate posts

[TuskenJawa]

We obtained the highways permission to drop the kerb prior to commencing work. I have asked my solicitor for advice.

[echat11]

We obtained the highways permission to drop the kerb prior to commencing work. I have asked my solicitor for advice.

If you've obtained permission, are you saying the permission given doesn't reflect the current state of the 'dropped kerb'?

[des8]

I assume there is a covenant forbidding the construction of a dropped kerb.
Planning permission does not override the covenant.
The purchasers are looking for an indemnity policy in case someone who benefits from the covenant complains.

It may be that this is an estate and the designers did not want owners dropping kerbs and parking on what was designed as a garden area.
It was quite common a few years back when households would only have one car, which was kept in a garage block

[echat11]

No but I'm fairly sure things has to be declared before planning permission is granted.

[des8]

Don't think restrictive covenants are factored in when authorities consider planning applications

[TuskenJawa]

The issue is that we have converted a piece of garden which was a small piece of weed infested grass into a driveway. We now have parking for four cars instead of one. Common sense would dictate that the asking price should be greater instead we are being penalised for maintaining and developing our property. The neighbours have thanked us for dropping the kerb as delivery drivers now have somewhere to park.

it is a crazy world we live in now.