Legal Indemnity cover is typically single premium, long-term and non-renewable and will provide cover for the relevant transactional and legal issues, including but not limited to;

Rights to Light

The right to light is most commonly gained automatically after light has been coming through a window for at least 20 years and enables the property owner to prevent anyone from putting up a building that would restrict this.

As the right is gained by the passage of time it is difficult for a developer to evaluate whether their  works will be challenged.

Where a claim is made the remedy can be particularly damaging, potentially involving the demolition of the works to restore the right to light and insurance remains a practical option where developments risk infringing other property owners’ rights to light.  

Defective Title Indemnity

Defects in title Where documentary evidence of title to land is not available, a defective title indemnity policy can protect a developer and owner-occupier from future claims.

Restrictive Covenants

Restrictive covenant indemnity insurance enables a property owner or developer to manage the risk of the enforcement of a restrictive covenant which could prevent them from using or developing land for their required purpose.

Where a restrictive covenant is, or may be in place, this cover can be used to complete the conveyancing process without the need for lengthy negotiations regarding the release of covenants as well as protecting the insured from future challenges.

Easements

Disputes can include rights of way for access or the supply of utilities, are common and can be costly. As well as legal costs in defending a dispute, there can be expenses incurred creating an alternative access or route for services, which can be covered by insurance. Additionally, where alternative access is not possible, the insured can also claim for the resulting loss in the property’s market value.

Chancel Repair Liability

Based on a law dating back hundreds of years, property owners can find themselves liable for the cost of repairs to the chancel of their local church.

 Because the liability relates to the land, both old buildings and more recent developments can be affected. Where there is a liability, repair bills can be substantial. These losses can be addressed through chancel repair insurance, which covers the charge for repairs as well as potential loss in market value following a claim.

Restrictive Covenants

Restrictive covenant indemnity insurance enables a property owner or developer to manage the risk of the enforcement of a restrictive covenant which could prevent them from using or developing land for their required purpose.

Where a restrictive covenant is, or may be in place, this cover can be used to complete the conveyancing process without the need for lengthy negotiations regarding the release of covenants as well as protecting the insured from future challenges.

Flying Freehold

Flying Freehold is where a part of a Property requires support from, or provides support to, another freehold premises part of which is built above or below the insured Property and there are no mutual rights of support and repair documented in the titles or they are inadequate. A legal indemnity policy can provide a cost-effective solution to the problem.

Breech of Planning

Breech of Planning Permission indemnity policy is designed for the situation where there is a lack of evidence that planning permission has been obtained or complied with (or it is known that its terms or conditions were not complied with) for works to your property and will cover the costs to rectify the issue, should a legal challenge be brought.

Judicial Review

A judicial review indemnity policy provides cover for financial loss arising in the event of a judicial review of a planning or other decision of a public authority. As a check against failings in administrative processes, the law allows for decisions made by a public body to be challenged and can potentially postpone or derail your development.