Indemnify your rights to a ROW

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Joined: Fri Dec 11, 2015 2:45 pm

Indemnify your rights to a ROW

Post by akwe-xavante » Thu Dec 08, 2016 1:02 pm

New to all this and bought a property a few years ago that had two ROW's that weren't expressed ROW's within the title of the property.

Sought advice and the solicitor did a number of things, he got a witness statement from the previous owner giving me 77yrs of continuous use of the ROW's then he insisted that I indemnified my rights to those ROW's.

At the time it cost me an hours time of the solicitor and the insurance policy which together came to a total of £170 (single one off payment only). My rights (The properties rights) are insured / indemnified forever successors in title which gives me / the property up to £2M legal costs protecting these ROW's.

There are only two catches as I understand them, the first being that you can only indemnify your rights before you have a problem, before your rights to an ROW are challenged formally (initial verbal squabbles don't count). Secondly YOU MUST NOT inform the challengers that you are indemnified yourself and you cannot become the challenger and use your indemnified rights to challenge another's ROW. You can only use the insurance policy to protect your ROW's on the permission of the insurance company that is indemnifying the ROW's when you submit to them a formal letter from the challenger or if your use of the ROW is clearly denied by an obstruction.

I'm sure it's far more complicated than this simplistic explanation as, I as a complete novice understands it but I can say that indemnifying my properties rights to two ROW's has saved me an absolute fortune.

If your having verbals over the garden fence about rights to a right of way I advise that you don't escalate the problem, seek advice and ask about indemnifying your rights to any ROW's that you think you might have, expressed or otherwise.

Indemnifying your rights is inexpensive and can be passed onto the next owner of your property and is therefore worth a lot of money, or has the potential to save you or a future owner a colossal amount of money.

To me it's worth doing even if you have an ROW and you're not having a problem at all just in case you do in future.

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