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A Deed of Indemnity is a legal agreement whereby the owners of a property want to develop or do something on their property that affects the Internal Drainage Board’s adjoining ownership or statutory interests which are protected by Byelaws. It is a legally binding agreement on the owner of the adjoining property and will transfer on sale to the new owner of that property to protect the Board’s adjoining ownership or Byelaws. Such an example might be that works will be carried out and/or planting take place within 9 metres of the edge of a Board arterial watercourse and conditional consent is required from the Board under its Byelaws. The property owner will bind itself in accordance with the Deed and this will be noted as a restriction on the property title. You are recommended to take legal advice before entering into a Deed of Indemnity. Deeds of Indemnity are subject to an administration fee (see the Board’s Development Control Charges and Fees document) plus the standard fee charged by Land Registry for lodging the document with them (see Land Registry website). Where a Deed is more complex than usual then the administration fee will be increased to reflect the additional costs to the Board. On the sale of your property a Deed of Covenant will be entered into between the Board and the Purchaser. Your Solicitor will deal with the Deed of Covenant. Fees are payable to the Board to complete this process (see link above).
September 22, 2025
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