Legal Indemnity Insurance

What is an Easement?

An easement is a type of right which one person has over the land of another.

What does the policy cover?

Absence of Easement Insurance provides cover where there is an absence of a legal right to use the access and / or services serving the property in the event of the owner of the access and/or services prevent the insured from using them.

An example:

A common example of an easement is a right of way, for instance a landowner may need to pass (with or without vehicles) over land belonging to a third party to reach their property.

We can also insure where there is a future  development causing an intensification of use to the services / access way to the property.

Who would purchase an Absent Landlord policy?

You would only need to take out this policy if you are purchasing a leasehold property with an absent freeholder or missing landlord

What does the policy cover?

Absent Landlord Insurance provides cover where the landlord is missing, unresponsive or insolvent. The landlord or its successor may subsequently re-appear and at this point make a claim against the property owner.

This policy protects you should the landlor of your property bring the lease to an end because you took an assignment without consent, or you have not paid ground rent / service charge, due to the landlord being absent or in receivership / liquidation at the time of your purchase. It also protects you if you are unable to exercise a right / enforce an obligation to repair or maintain part of the building (of which your property forms part), due to your landlord being absent or in receivership/liquidation.

What does the policy cover?

We can insure leasehold properties where the leaseholder does not have the appropriate title or rights to use the roof space and/or basement whether this be through omission or error in the drafting of the lease. We can protect both the purchaser and lender for losses they may suffer if the freeholder asserts their rights and takes possession of the roof space and/or basement.

The policy covers non habitable usage only i.e where the roof space and/or basement is being used only for storage purposes or where it is has been used to accommodate the installation of a water tank, boiler and pipework and similar, and not as any room or space used for general habitation purposes is excluded.

What does the policy cover?

Unregistered Adverse Possession Insurance provides cover in the absence of documentary evidence of title to all or part of the property in the event of any party proving a superior title to such land.

We can also consider cases offline where the adversely possessed land is registered at Land Registry.

What does this policy cover?

If the lease of a property grants a right to a balcony but the lease is defective, such as the plan is uncoloured, or, the insured is concerned regarding this right being challenged. We can offer insurance to cover the leaseholder and their lender for financial loss as a result of this.

What is a Section 106/52 Agreement?

A Section 106/52 Agreement is an agreement between the developer and the local authority at the early stages when Planning Permission is granted for a new development. The Agreement will set out requirements that the local authority asks of the developer to allow the development to take place. This may include that the developer has to pay the local authority a lump sum payment on completion or, that they have to make a certain percentage of the homes affordable housing or that the developer must ensure that there are local shops to benefit the owners of the new estate etc.

Should the obligations imposed by the Section 106/52 be breached and the developer does not abide by its terms, the local authority may claim back these losses from the proprietors of the land if these cannot be recoverable from the original developer.

We offer insurance to the purchaser and to the lender to cover any financial losses arising from breach of the Section 106/52.

What does this policy cover?

This product provides cover for the lender, the current owners and successors in title where a property has been built over a sewer and the local authority and/or water company need to carry out repairs and maintenance to the sewer, causing damage or destruction to the property.

What does the policy cover?

This policy protects the mortgage lender in the event that a house or flat is being sold without production of a valid NHBC guarantee or such other equivalent new-home warranty or certificate as would be acceptable by the mortgage lender, if gained at the time that the property was built or converted.

What is a Chancel?

A chancel is the part of a church near the altar, reserved for the clergy and choir, and typically separated from the nave by steps ora screen.

Chancel Repair Liability?

Chancel repair liability is a medieval anomaly whereby the Church of England was granted powers to charge those owning ‘rectorial land’ (land which used to be owned by the rector) for the upkeep of the chancel of the parish church. This liability for repair is passed on to anyone who owns the land or properties built on the land to fund the repairs of the chancel of their local church.

What does the policy cover?

Where a property has been identified as being within a Parish that retains the right to charge for repairs to the chancel of the Parish church, ChancelSure® offers a cost effective solution. ChancelSure® provides cover for residential or commercial properties for any loss sustained as a result of contributions demanded from the insured in respect of Chancel Repair Liability.

What does this policy cover?

This policy provides cover where a CheshireBrine search has not been conducted.We insure where the Cheshire BrineCompensation Board refuse to makepayment for remediation to the propertyfollowing subsidence, on the basis that theCompensation Board have made paymentin the past and future claims were eithercommuted, or where payment was made to aprevious owner and the work was not carriedout. As a Cheshire Brine search was notcarried out, the property owner would nothave been aware that claims had previouslybeen made and as such will be required topay for the remedial works themselves. Thispolicy protects the purchaser for this event.

What causes Land Contamination?

Contamination caused by historical industrial uses has the potential to significantly impactupon the health of the residents of dwellingsbuilt on redeveloped brownfield sites, andmay also damage the wider environment.

What does the policy cover?

The Contaminated Land policy covers liabilities for necessary remediation costs. Following regulatory action under Part 2A of the Environmental Protection Act 1990.

What does this policy cover?

The policy provides cover for the purchaser, lender and their successors in title for financial loss arising out of damage/ destruction to a property leading to the insured being unable to reinstate/repair their property as a result of defective insurance provisions.

An example:

Should the property collapse and the buildings insurance held by the landlord/other leaseholders be insufficient the client may suffer a loss as the building of which the property forms part of cannot be repaired/reinstated.

What does this policy cover?

Provides cover for the purchaser, lender and their successors in title against risks as defined within the policy, including, but not limited to; losses as a result of lack of inadequate rights of support, shelter and/or access to common parts; cover where the leaseholder is unable to enforce rights or obligations for repair/maintenance of the property as well as being unable to obtain appropriate contributions for repair/maintenance of the property. It also provides cover where the insurance provisions in the lease are inadequate and the property cannot be repaired or re-instated due to the defective terms.

What does this policy cover?

This policy is designed for the protection of Executors, Administrators, and Beneficiaries in the event that a deceased person’s estate is distributed without waiting for the expiry of the appropriate period under of the Inheritance (Provision for Family and Dependents) Act 1975. The policy will provide cover should a dependant challenge their interest in the estate.

Insurance is available for England and Wales.

What does this policy cover?

Enforcement of known or unknown rights of way and/or easement insurance provides cover where a property is (or may be) subject to private rights of way or easements and other parties attempt to enforce such easements over, through or under the property.

What is an Easement?

An easement is a type of right which one person has over the land of another. This may be for the right of access or the right to use and connect into services on a neighbouring property.

An example:

The office copy entries to the property states that, by way of a previous Deed, Conveyance or Transfer it is subject to the rights of a third party to lay and use service media pipes and cabling running over, through or under the property.

If these rights are not in use at inception, insurance can be obtained to protect against a third party asserting their rights.

What does the policy cover?

The Enlargement of Lease Insurance provides cover where it cannot be proven that an ownership conversion from leasehold to freehold is valid due to the absence of full particulars of the relevant lease in the event that any other party attempts to establish otherwise. The policy will cover the following:

• Damages or compensation
• Reduction in the value of your interest in the property
• Any sum paid under an order to free the property from such adverse legal right
• Costs and expenses with our consent

What does the policy cover?

This policy provides protection for rentcharges which were created after the Rentcharges Act 1977 and as such, will only cover charges which were created after 1977. These charges are commonly imposed by developers on new build estates for the upkeep of the common areas. Should the rentcharges be unpaid for a period of 40 days or more the rentcharge owners have legal rights of re-entry under Section 121 (4) of the Law and Property Act 1925 to register a rentcharges lease against the property as a means to recover the arrears, interest and additional fees.

There are currently no statutory mechanisms to challenge the registration of the lease and the lease could remain registered on the property, even if arrears are paid prior to its end date. The rentcharges owner has the right to take possession of the property and could let the property as a way to recover funds and this could mean that properties which have a rentcharges lease registered to them can become unsaleable.

The Estate Rentcharges policy will protect the lender for the financial loss they suffer resulting from the borrower defaulting on their mortgage and there being a shortfall on the mortgage due to the rentcharges lease being registered to the property.

We can offer this policy where the estate rentcharges has not been paid or, where the rentcharges are paid and up to date but where the lender requires protection in the event the borrower doesn’t pay throughout the term of the mortgage.

What does the policy cover?

The Flat/Maisonette Indemnity policy provides cover when the seller of a single private flat or maisonette has confirmed that there have not been any problems with repairs/maintenance or the payment for their property, but may be unable to enforce necessary repairs to other parts of the building or obtain appropriate maintenance contributions from other tenants because:

• The lease is defective
• The landlord cannot be traced
• The landlord has no obligation to take over the responsibilities of a management company that fails to perform its duties

An example:

It is common, when dealing with a block of flats, that the lease to each flat will contain an obligation that the tenant of each flat will be responsible for the repair and maintenance of their respective flats. However, if the wording of the obligation has been poorly drafted, the insured may not be able to enforce, via the Landlord, an owner of another flat to carry out certain repair works, thus causing financial loss to the insured.

What is a Flying Freehold?

This is where a part of one property extends physically into/over a neighbouring property.

An example:

A covered passage between two terraced houses owned by the neighbour on the left, with a room directly above it owned by the neighbour on the right.

What is a Creeping Freehold?

This differs from a ‘Flying Freehold’ as it is where one property extends under the property of another.

An example:

A cellar which is owned by one neighbour has a room directly above it which is owned by another neighbour.

What does the policy cover?

Problems may arise where a property is supported by land/property which it does not own. This policy provides protection if the insured does not have documented rights to be supported by the adjoining property, to carry out maintenance/repairs or to enter the adjoining property in order to carry out maintenance/repairs.

What does the policy cover?

A Landlord may be able to issue proceedings for possession against a tenant under Schedule 2 of the Housing Act 1988 where the tenant’s lease could be construed as an Assured Shorthold Tenancy as a result of outstanding rent due from the tenant. We can insure the Lender to the borrower of the long leasehold interest of a property in case the Landlord forfeits the lease under Schedule 2 Ground 8 which relates to the non-payment of rent.

This policy covers the lender for loss arising out of this repossession, such as any shortfall on the mortgage paid by the borrower.

What is a covenant?

A covenant is a formal written agreement by lease, deed, or other legal contract, whereby either or both parties stipulate to perform or give something to the other, or to abstain from the performance of certain actions.

What does the policy cover?

Forfeiture of Lease (Breach of Covenant) Insurance provides cover for a lender/purchaser and lender (subject to which option you select) in the event the landlord forfeits the lease due to a breach by the lessee of any covenant in the lease. The policy indemnifies in respect of loss arising from this forfeiture of the lease or the head lease and losses caused by the exercise of legal rights of re-entry by the lessor in accordance with any determination clause in the lease. We can also offer this policy where the lease is missing and the leaseholder is unaware of the covenants that affect the property.

An example:

The lease of a property contains a restrictive covenant preventing any alterations without landlord consent. It is clear that an internal wall has been removed and there is no evidence that consent of the landlord was obtained at the time of the works.

What does the policy cover?

Forfeiture of Lease (Bankruptcy/Insolvency) Mortgagee Insurance provides cover for the mortgage lender if the landlord forfeits the lease in accordance with its provisions, or exercises a legal right of re-entry to the property, because of the bankruptcy or insolvency of a lessee after the Inception Date. The policy does not cover the buyer or the owner of the property.

An example:

The lease contains provisions allowing forforfeiture of the lease upon the insolvency ofthe tenant. If the lease is forfeited, there willlikely be a shortfall in the mortgage and thelender will lose the value of their interest inthe property.

What does the policy cover?

This policy provides cover where there is a rentcharge listed in the title deeds of the property prior to 1977 which has not been paid, usually where the rent charge owner is unknown or absent. Where the rentcharge has not been paid, the rentcharge owner has legal rights of re-entry under Section 121 (4) of the Law and Property Act 1925 to register a rent charge lease against the property as a means to recover the unpaid rent including any administrative fees.

We can provide cover where the rentcharge has not been paid to protect both the property owner, their lender and successors in title.

What is ‘Good Leasehold Title’?

Good Leasehold Title is a type of title given by the Land Registry when the original freehold of a property was registered without the owner of the property being able to provide certified copies of the freehold title, showing the person who originally granted the lease as freeholder (at the time of the grant of the lease).

What does the policy cover?

Good Leasehold Title insurance offers protection where a property is registered with Good Leasehold Title at Land Registry and offers protection should a third party establish a right or interest in the property.

An Example:

Where a lease, granted a number of years ago,is now being registered for the first time and theimmediate landlord is no longer available, sothe tenant is unable to demonstrate that thelease was entered into validly.

What does the policy cover?

Insolvency Act Insurance policy provides cover for a mortgagee or third party purchaser where a property is passed by deed of gift or transfer at less than its true value or when part of the purchase price (usually the deposit) has been provided by someone other than the buyer. If the person who made the gift becomes bankrupt, it is possible for their creditors to reclaim the money or claim an interest in the property, in accordance with the Insolvency Act of 1986. This insurance is purchased to protect either the lender of the deed of gift/transfer at undervalue for the current transaction or, the purchaser and lender for a transaction at arm’s length.

We can also offer protection for a cash buyer where they negotiate a reduction in the market value of the property in return of a “quick sale”.

An example:

A parent gifts their child money towards the deposit of their first home, the parent then becomes bankrupt and the bank claims an interest in the property as one of the bankruptee’s assets.

What does the policy cover?

We can offer Knotweed insurance to protect property owners, lenders, leaseholders and freeholders in the event that Japanese Knotweed, Bohemian Knotweed or Giant Knotweed damage the insured’s property.

We can insure both residential and commercial properties. Our policy is designed to cover where the result on a TA6 Property Information form is either “no” or “not known”.

Our standard policy will cover:

1. Compliance by the Insured with any Remediation Notice
2. Completion of required remediation works identified in a Japanese Knotweed Survey
3. The costs to reimburse the Enforcing Authority for remediation works carried out by the Enforcing Authority on the property
4. The cost of altering, repairing or demolishing all or part of the property as a result of damage caused by Knotweed.

We are also able to offer this on a master style policy wording and can offer extended cover for loss in market value.

What is a conservation area?

An area which is considered worthy of preservation or enhancement because of its special architectural or historic interest will be registered as a conservation area.

What does the policy cover?

If a property is registered as being in a conservation area, this can have implications on what you can and cannot do to the property. As well as planning permission needing to be obtained, you may also need to obtain Conservation Area Consent. Conservation Area Consent takes into consideration whether the works will preserve the original features of the property and whether this will be in keeping with the area.

If Conservation Area Consent is not obtained, the planning authority can issue an enforcement notice and it can also be deemed a criminal offence.

What is a listed building?

A property may be registered as being listed for various reasons which include if the property is considered to be of exceptional or special interest. The main types of properties to be listed are those which are historical and built before 1840.

What does the policy cover?

If a property is registered as being a listed building, this can have implications on what you can and cannot do to the property. It may mean that a different process is followed when considering if permission is necessary and you may need to apply for planning permission where you wouldn’t need to for a non-listed building. As well as planning permission, you may also need to obtain Listed Building Consent. This takes into consideration whether the works will preserve the original features of the property and if the works are in keeping with the rest of the property.

If listed building consent is not obtained, the planning authority can issue an enforcement notice and it can also be deemed a criminal offence.

Party Wall Act 1996

Sets out rules and regulations when removing/altering a party/boundary wall (as defined within the act). Consent must be obtained from adjoining owners and they have a right object the works.

What does the policy cover?

Our policy covers both the lender and purchaser for any loss arising out of an agreement historically having not been entered into. A Notice can be served and court proceedings can take place where such consent has not been obtained.

A dropped kerb or vehicle crossing is the dip in the path and kerb which you drive over to reach your drive.

The kerb is dropped from the normal height and the path is strengthened to take the weight of the vehicle. Without this, the path and any pipes that are buried below could be damaged.

The pathway is maintained by the Highways Authority and therefore consent should be obtained before the kerb is dropped.

If an agreement hasn’t been entered into there is a risk that the Highways Authority can issue an Enforcement Notice if it is deemed unacceptable in terms of street scene or highway grounds. Just because other neighbours have a dropped kerb does not mean that consent is not required.

What does the policy cover?

This policy provides protection against enforcement action taken by the local authority for a dropped kerb being installed at the property without the appropriate local authority consent.

What does the policy cover?

Planning and/or Building Regulations Insurance provides cover where approval has not been obtained in respect of the works carried out on a property. It offers protection in the event of the local planning authority issue the insured with an enforcement notice, planning contravention notice or breach of condition notice.

This policy does not cover any adverse matters that should have been picked up by a survey carried out on the property.

What is an enforcement action?

Enforcement action is taken by the local authority when there is a breach of a planning condition, breach of building regulations, or works have been undertaken without relevant permissions being obtained.

If there is a breach, or works have taken place without permission, the local authority may serve an Enforcement Notice on the land owner confirming what the contravention is. Enforcement Notices will say how to rectify the breach or how to apply for the correct permissions and timescales to which the landowner must now adhere.

An example:

A planning and building regulations policy will respond in the event the local authority issues an enforcement notice. The policy will respond by rectifying the works that have been carried out and bringing them up to the standard required by the local authority, applying for retrospective consent for the works and/or ensuring that works are correctly signed off.

In the worst case scenario, where the works (perhaps an extension for example) have to be removed, the policy will respond by paying for the removal of the works and making good any damage to the remainder of the building and, should it become apparent that the value of the property has dropped due to the lack of extension, the policy would, in principal, cover the actual loss between the value of the property with and without the extension.

Cover is very often required for mortgage lenders rather than the buyers of the property as the lender wants to ensure the money they are lending is secure. However, the policy covers the purchaser, the lender and any successors in title.

What does the policy cover?

Protects the lender against unforeseen losses following unknown title defects which were not insured against or addressed when the original transaction took place, or where matters may have “slipped through the net” or were forgotten about.

Covers title risks which have arisen since the date of the original mortgage transaction.

Combines Remortgage Title with No Search indemnity policy including Chancel and Environmental Searches and knotweed.

Whilst we have a transactional policy, we can also look into offering block policy solutions if needed and where cover is required for other lending.

What does the policy cover?

When selling a property, it is usually sold with “Full Title Guarantee” meaning that various pieces of information are implied (such as that the seller has the right to sell the property and it has good title).

If a property is being sold with “Limited Title Guarantee” it means that the seller is selling the property with limited knowledge and it may well be that the property is being sold by an attorney, personal representative or a mortgagee in possession. This means that they cannot sell the property with full title guarantee and promise that the property is not subject to any financial charges, that others do not have rights over the property etc. because they are not aware and have limited knowledge.

We can offer insurance where there is a Limited Title Guarantee which will cover unknown charges, encumbrances or rights that third parties have over the property.

What does the policy cover?

This policy protects the Registrar where the shareholder fails to indemnify them should the original share certificate come to light resulting in a loss where the registrar seeks recourse under the countersign indemnity. It is important to note that this policy does not cover the shareholders responsibilities but, it protects the registrar in the event that the shareholder does not fulfil their duties under the countersign indemnity.

The policy:

• Guarantees the registrar’s funds are secure once the lost share certificate has been replaced in the event the lost share certificate is found and the registrar fails to seek recourse from the shareholder.
• Provides reassurance if the missing share certificate is found and the registrar is unable to seek recourse from the shareholder.
• Provides protection indefinitely after the share certificate has been re-issued for a one-off premium.

What does the policy cover?

We provide a separate indemnity to the shareholder relieving them of their obligations under the countersign indemnity in the event of a claim by the registrar under the countersign-indemnity.

The policy will protect the shareholder in the event that the original share certificate is found, meaning that the registrar attempts to seek recourse from the shareholder where they have suffered the loss.

The policy:

• Guarantees the shareholder’s funds are secure once the lost share certificate has been replaced in the event the lost share certificate is found and the registrar seeks recourse from the insured.
• Provides reassurance and comfort if the missing share certificate is found and the registrar attempts recourse from the insured.
• Provides protection indefinitely after the share certificate has been re-issued for a one off premium.

What are Manorial Rights?

The “Lord of the Manor” will hold the title to land which they have certain rights over, these rights are called “manorial rights” and include sporting rights such as being able to fish, shoot, hunt, as well being able to extract minerals and hold fairs and markets on the land. Whilst there may be a freehold owner of the title which is not the Lord of the Manor, the Lord of the Manor could still hold certain rights over the ‘copyhold’ land.

What does the policy cover?

The policy offers insurance to cover against the risk that the Lord of the Manor exercises or attempts to exercise their rights over the property causing the insured a financial loss. Please note that mineral rights are excluded from this policy and a Mineral Rights policy can be obtained separately for this specific risk.

What does the policy cover?

This policy provides cover where a property is or may be subject to exceptions or reservations of mineral rights beneath the land. The policy protects the purchaser, lender and their successors in title, should a third party exercise their right to the mines and/or minerals beneath the property. The policy will cover financial loss which may arise if the rights are exercised, including defence costs.

We can offer cover where the rights have been excepted and reserved, where there is a Caution/Unilateral Notice on the title deeds to the property or, where the mineral rights owner has registered a minerals title over the property.

What does the policy cover?

This insurance policy is designed for the protection of Executors, Administrators and Beneficiaries in the event that a known but missing beneficiary or unknown beneficiary asserts their interest in the estate after it has been distributed, which could result in the estate having to be redistributed.

Insurance is available for England, Wales and Scotland.

What does the policy cover?

Missing Information (Registered Title) Insurance provides cover in respect of matters referred to on the title of a property where the full particulars cannot be ascertained or have not been provided to Land Registry. These documents may contain unknown or unclarified matters which could affect the property should any party attempt to establish any estate, right or interest adverse to the title of the insured.

The policy includes cover if a third party attempts to exercise rights, easements, or enforces restrictive covenants.

What does the policy cover?

A Missing Will insurance policy is designed for the protection of Executors, Administrators and Beneficiaries in the event that a deceased’s estate has been distributed under the rules of intestacy/laws of succession for an intestate estate or, in accordance with a will but later needs to be redistributed as a missing will is located which affects the distribution of a deceased person’s estate.

Insurance is available for England, Wales and Scotland.

What does the policy cover?

Many properties overhang third party land whether it be the balcony, the gutters, facias, eaves or, the canopy to a property. Whilst this forms part of the legal title to the property there are not always rights of “overhang” onto neighbouring land. This can cause problems for property owners as they have no rights to use or access the adjoining land to repair or maintain their property.

This can cause severe implications if they are unable to maintain and repair their property and particularly concerning if a neighbouring property were to dispute the rights of overhang i.e. if they wish to develop or extend their property on the boundary where the canopy is, which may result in its removal.

This policy will protect the purchaser and their lender for financial loss which they may suffer if these rights are challenged.

What does the policy cover?

We can look to provide title solutions for large portfolios for known/unknown defects which may affect the property. We can offer cover for title defects, planning related issues as well as lack of searches. We can insure both known and unknown title defects where due diligence has/has not been performed and can protect the purchaser and their lender.

Should you be interested in this type of indemnity we would require a spreadsheet containing a list of all properties in the portfolio together with full address, postcode, title number, whether the properties are freehold or leasehold, the value of each property and any known title defects.

What is Possessory Title?

When Land Registry registers a particular piece of freehold land for the first time it will give it one of three “classes” of title – Absolute, Qualified and Possessory.

After 12 years of adversely possessing the property/land you can apply for Possessory Title. The lack of evidence of title may be a result of lost or destroyed deeds or because the applicant wished to claim ownership of land that was not actually conveyed to them.

Possessory Title is a ‘holding’ title. If it is not challenged within twelve years from the date of first registration, you can apply for the title to be upgraded to ‘Title Absolute’.

What is Possessory Title?

Possessory Title Insurance provides cover where all or part of a property is registered with possessory title in the event of any party proving a superior title to the property. The policy also provides cover for unknown rights, easements and covenants which may affect the property.

What is a covenant?

A covenant is an agreement between two or more persons, entered into in writing and under seal, whereby either party stipulates the truth of certain facts, or promises to perform or give something to the other, or to abstain from the performance of certain things.

What does the policy cover?

The policy covers known or unknown covenants, and where a property is (or may be) in breach of these covenants the policy provides protection where another party attempts to enforce such covenants.

An example:

A document transferring ownership of property imposes a restrictive covenant which prevents the property from being used for a specified purpose (e.g. not to be used to sell alcohol) or limited to a specific use (e.g. only to be used as one single dwelling). These covenants can restrict the ability of the owner to deal with the property as they wish, e.g. if the covenant prevents sale of alcohol, the property cannot be used as an off licence without being in breach of the covenant.

What does the policy cover?

If the lease of a property grants a right to use a parking space but the lease wording is defective, such as the plan referred to is uncoloured, we can offer insurance to cover the lender for financial losses as a result of this. For example, the value of the leasehold interest may reduce significantly if it is deemed that a parking space is not included within the sale price and the lender may receive a shortfall on the mortgage payments made by the borrower.

What does the policy cover?

Search Insurance provides cover for a property being adversely affected by a matter which would have been in a search had searches where any (or all) of the property searches have:

• been requested but not received (Search Delay)
• which were out of date, had been re-instructed (Search Validation), or
• been requested but were not (No Search Purchase, Remortgage)

All of the above options are available online for the Purchaser/Borrower and Lender or on a Lender only basis. We can also offer cover online for properties purchased at auction, new build properties and where works have been carried out to a property in the last 12 months.

• We can also offer additional searches of chancel, cheshire brine, environmental, highways and utilities searches under this policy.
• We are also able to offer this on a master style policy wording for volume orders.

An example:

In most property transactions, the adviser will carry out specific searches.

These searches reveal information which could affect the property (use thereof) or the land, examples of these are:

Local Authority Search

• LLC1 – conditional planning consents; whether it’s in a conservation area; tree preservation orders
• CON29(R) – Planning and Building decisions; nearby road and railway schemes; outstanding notices; contravention of building regulations
• CON29(O) – Public paths or byways; environmental and pollution notices; common land and village green

Drainage and Water Search

Whether foul and surface water from the property drains to a public sewer; whether the property is connected to mains water supply etc.

What does the policy cover?

This policy provides protection for Executors, Administrators and Beneficiaries in the event that a creditor enforces or attempts to claim a financial liability against the deceased’s estate as a result of the insured having either (a) not placed a Statutory Notice i.e a notice in the London Gazette/in the local newspaper of the deceased’s death or (b) not waited for the expiry of the Statutory Notice and as such do not benefit from the statutory protection afforded by Section 27 of the Trustee Act 1925. Insurance is available for England and Wales.

What does the policy cover?

Roads will either be “adopted” (and the responsibility of the Highways Agency to maintain/repair) or “unadopted” and maintainable to public expense. Where a road local authority indefinitely.

With a new development, a Section 38 Agreement will usually be entered into between the developer and the Highways Agency that the developer will agree to make the road up to an adoptable standard once the development is complete and the Highway Agency will adopt the road. This can sometimes be overlooked from the original developer.

This policy covers the purchaser and the lender for the financial loss following the Section 38 Agreement having not been fully complied with.