The transfer of property from one party to another can give rise to concerns relating to the use, access or development of building and land.

The main areas where insurance can provide a solution are defective title or missing title deeds and restrictive covenants. In each case a single premium payment will secure cover.

The following are the more common reasons for title to land not being good (Defective Title Indemnity)

• Lost Deeds, where all or some of the title deeds have been lost or stolen.
• Right of Way, where there is a lack of any legal right to use an access way serving the property.
• Adverse Possession, where the owner cannot produce legal documentary evidence of part of the title and where the land has been acquired by continuous possession.
• Deficiencies in documentary evidence such as discrepancies between works and plans or in measurements or badly drawn conveyances.

Title to land can often be subject to restrictions regarding the type of property to be erected and the permitted use. The need for indemnity (Restictive Covenant Indemnity) can arise if

• a property has been used for several years in breach of restrictive covenants on the title
• it is the intention to change the use of a property or develop land in breach of covenants for the first time.
• it is known that restrictive covenants exist but not the details.

In each of the above instance the indemnity policy will cover capital loss and legal expenses incurred. The limit of indemnity selected is normally based on the market value of the property including any development to take place.

Other legal indemnities include:-

• Creeping/Flying Freehold
• Maisonette/Flat
• Railway Lease
• Contaminated Land Insurance
• Contaminated Land – Clean Up Cost Cap
• Contingent Fire
• Forfeiture of Lease
• Local Search
• Sewer
• Judicial Review
• Deed of Gift/Insolvency Act
• Missing Beneficiary
• Lost Share Certificates
• Trustee
• Issue Risk