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LEGAL INDEMNITY INSURANCE

Legal indemnity policies are typically used during a property transaction where there is an issue with the underlying title that can’t be quickly resolved. Whilst they have the ability to cause a substantial loss to the owner of the property, such defects generally have a limited likelihood of materialising.

M&P specialise in delivering solutions for the more complicated and bespoke legal indemnity policies including but not limited to:

Defective Title Risks

– Absence of Easement
– Absence of Over Sail Licence
– Adverse Third-Party Rights/ Easements
– Chancel Repair
– Contingent Buildings (inc. Forfeiture Non-Reinstatement)
– Defective Title
– Flying/ Creeping freehold
– Forfeiture of Lease
– Freehold Contingent Buildings
– Good Leasehold Title
– Insolvency Act
– Lack of Party Wall Agreement
– Lost Title Deeds
– Mines & Mineral Rights
– Missing Information
– No Title Guarantee/ Limited Guarantee
– Possessory Title
– Railway Lease
– Rent Charge
– Restrictive Covenants
– Reverter Act
– Rights of Light
– Search – Delay/Validation/No Search
– Title to Shares
– Title Wrapper
– Tree Preservation Order

Leasehold Defective Title

– Absent Landlord
– Breach of Leasehold Covenants
– Contingent Buildings
– Flat/Maisonette

Planning Risks

– Adverse Possession
– Building Regulations
– Conservation Area Consent
– Contaminated Land
– Denial of Parking
– Judicial Review (inc Site Appropriation)
– Lack of Highways Consent
– Listed Building
– Planning
– Planning Conditions
– Planning Obligations
– Section 106 Agreements
– Town and Village Green

Probate

– Early Distribution (Inheritance Act 1975)
– No section 27 notice insurance
– Missing beneficiary insurance
– Creditor Liability Contingency Insurance
– Lost Share Certificate
– Missing Will

Trust

– Hold-Over Relief Liability Insurance
– Issue Risk Insurance
– Contingent Survivorship Insurance
– Breach of Trust Insurance
– Pension Fund Windup Trustee Cover

Other

– Lack of Adoption Agreement (Sections 38 & 104)
– Lack of NHBC Building Warranty/ Architects Cert
– Sewer (Lack of Build Over Agreement)

 

 
 
 

If you think that you may have a need for legal indemnity insurance, it is essential that you do not notify anyone related to the covenant as this may limit your ability to secure cover. Instead, please get in touch with us and we will advise you as to the correct course of action.

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