Your Guide to Lack of Easement Indemnity Insurance

If you’re buying or selling a property, or applying for a mortgage, you may be asked to provide Lack of Easement Indemnity Insurance. While your property might already be protected by this policy, the document can sometimes be missing or need to be arranged again.

What is Lack of Easement Indemnity Insurance?

This type of policy protects property owners and buyers when there is no legal right of access (known as an easement) to the property. For example, you may need to use a private road, shared driveway, or pathway to reach your home; but have no formal legal right to do so.

Lack of Easement Indemnity Insurance covers legal fees, compensation, and potential loss in property value if your access is challenged. Without it, disputes could result in you losing access and bearing all legal costs yourself.

This cover is often essential to satisfy mortgage lenders and reassure buyers. Without it, you could face delays, added stress, or even failed transactions.

To obtain cover, the access must have been used without interruption or challenge for at least 12 months. Sellers may also be asked to provide a statutory declaration (an official statement confirming ongoing use of the access during their ownership). Once the policy is in place, it offers financial protection for any access-related disputes.

Why is this insurance important?

• Protects you if a neighbour tries to block or restrict your access
• Covers legal expenses related to access disputes
• Offers potential compensation for lost access rights
• Helps preserve your property’s value
• Commonly required by mortgage lenders
• Speeds up sales and remortgaging processes

Typical Easement Issues Covered

• Access Rights: No formal agreement to use a shared path, driveway, or entry point
• Parking: Using parking spaces on land you don’t legally own or control
• Maintenance Access: Needing to enter a neighbour’s land to carry out repairs or maintenance

When is this insurance needed?

Lack of Easement Indemnity Insurance is often necessary to complete a sale, secure a mortgage, or resolve concerns over access rights. Even if you’re not currently selling, it can offer valuable peace of mind.

You may need this insurance if:

• Access to your property isn’t legally documented
• You rely on an informal or assumed right of way
• Your property was recently extended over private land
• Neighbour concerns arise during the sale process

How can I find out if I’m already covered?

• Property Documents: Check your title deeds and any attached legal paperwork
• Solicitor or Conveyancer: They may hold records of any previously arranged indemnity policies
• Mortgage Lender: If cover was required for your mortgage, your lender may have a copy on file

This policy may also appear under names like: Lack of Easement Indemnity, Absence of Easement Indemnity, Legal Indemnity Insurance - Right of Way, or Access Rights Insurance.

Need cover? Here’s what to do next

If you think you need Lack of Easement Indemnity Insurance, get in touch today by calling 0345 603 0708 or emailing indemnities@legalbrokers.com. Our team can arrange same-day insurance for your peace of mind.

FAQ

Can I sell my home without this insurance?

Yes, but it may be more difficult. Buyers, mortgage lenders, and solicitors often request it to complete the transaction.

Could my mortgage be declined without it?

Possibly. If there’s no legal right of access, many lenders will not approve your application without an indemnity policy in place.

Is this insurance legally required?

No, it’s not a legal requirement, but it’s highly recommended and often essential for satisfying lenders and buyers.

What if access has been used for many years?

Long-term, uninterrupted use may help establish access rights through Easement by Prescription, but this is not guaranteed and requires evidence.