Legal Indemnity Checklists
Restrictive Covenant Indemnities available:
  1. Information required in all cases:

A letter containing:

  • a full explanation of why cover is requested

  • Office Copy Entries or an Abstract of Title, and, in either case where possible, a copy of the document containing the restrictive covenant(s)

Note: the mere production of a copy of the covenants often gives little evidence of the area intended to be burdened by and benefit from the provisions. This information is commonly contained in other parts of the document.

  • any other information identifying the Property, whether it is the whole or merely part of the area burdened by the covenants, and its geographical position in relation to the area intended to benefit from them

  • any information showing how the area surrounding the Property may have changed e.g. by development, since the date when the covenants were imposed

  • any action already taken to limit or remove the effects of the covenant
  • the limit of indemnity required and how this has been assessed

  • any other information which an insurer may consider relevant e.g. the existence of a residents association, local press coverage, Counsel's opinions
  1. Information required in cases involving a continuation of an existing breach
  • the date when the existing breach occurred

  • details of other similar existing breaches in the neighbourhood

  • details of any known objections
  1. Information required in cases involving an intended breach
  • a copy of the planning consent permitting the intended development

  • details of any objection, and copies of letters to the planning authorities

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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