All properties within the SSRA boundary are deemed to have an Absence of Easement. This is the legal term given to a property where a legal right to use an access to a property and/or to use the services to that property cannot be established. This can become a problem when a property is put up for sale, which is solved by the seller purchasing an insurance policy called an Absence of Easement Indemnity which covers the property in perpetuity. In legal terms, and in our situation, an Easement is the right to use land that is not one’s own (i.e. our roads), or to prevent the land’s owner from making an inconvenient use of it. Many SSRA properties now have such an Absence of Easement Indemnity Policy in force.

Owners of properties put up for sale that do not have an Absence of Easement Indemnity in force can be faced with a significant single premium to purchase one. The cost depends on the value of their property, and, significantly, whether a Statutory Declaration concerning the free and unrestricted use of the land in question is available. In summary, a Statutory Declaration, which is sworn before a Commissioner for Oaths, must state that access to the property and services in question has been undisputed, and without consent or obstruction from any person or body. A Statutory Declaration will reduce the cost of an Absence of Easement Indemnity and some Insurers will also insist that a Statutory Declaration is available before they will provide an Indemnity. A Statutory Declaration can be drawn up by each individual seller at considerable cost if they so wish.

Alternatively, the Association concluded that it would be sensible to draw up a General Statutory Declaration covering every property within the Association. Members of the Association can purchase a Certified True Copy of this original General Statutory Declaration from SSRA which will reduce the cost of an Absence of Easement Indemnity and the cost of drawing up their own personal Statutory Declaration. The current price for this service can be obtained by contacting Geoff Richardson on telephone number 01784 454510.

Any member of the Association selling their property in the future and finding themselves faced with this requirement, or anyone simply requiring more information, should contact Geoff Richardson on 01784 454510.

Last Updated: 27.05.2024