What sort of problem can be covered?

The following list is not exhaustive but illustrates the range of policy types available:

Defective Title:

  • Lost Title Deeds
  • Denial of Access, or Outstanding Rights of Way
  • Lack of, or Outstanding Easements
  • Adverse Possession
  • Flying and Creeping Freeholds
  • Obligations in respect of Chancel Repair
  • School Sites Act
  • Insolvency Act - Deeds of Gift
  • Lack of planning permission or building regulations approval

Restrictive Covenants:

  • Existing breach of restrictive covenants
  • Proposed breach of restrictive covenants where action to enforce them is considered unlikely because of the age of the covenants, or changes in the area
  • Unknown covenants
  • Breaches of some old leasehold covenants

Note: Normally a prerequisite to any cover in respect of an anticipated breach of restrictive covenants is that planning consent has been obtained without unacceptable objections. LIS is however able to consider on a prior to planning basis in appropriate cases.

Defective Leases:

Unlike most other legal indemnities the risks associated with leases tend to increase with the passage of time, usually because they relate to, or become problems as a result of, the state of repair of the property. Policies are, however, generally available to cover the interest of a Mortgagee for the term of its mortgage, and often for the purchaser for an appropriate period - usually 25 years.

The policy cover will vary, including:

  • Lack of reciprocal repairing covenants
  • Obtaining reimbursement or contributions from adjoining owners for necessary repairs
  • Failure to insure
  • Frustration of reinstatement following destruction
  • Missing Landlord and liquidation of Management Companies
  • Lack of any other requirements of Section 5 of the Council of Mortgage Lenders' Handbook

Title Insurance:

Block policy cover is available for buyers and lenders for the purchase or mortgage of residential property providing a general title indemnity for the insured.

Registered in England No 2455684. Registered Office: Friars Oak House, Bidborough, Tunbridge Wells, Kent TN3 0LJ.

Copyrightę1998 Sarah Dresner, Legal & Insurance Services Limited
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