Legal Indemnity Solutions

The Legal Indemnity team here at Thomas Carroll are experienced, knowledgeable and can provide assistance and quotations for a number of indemnity policies. Give the team a call today to see how we can help your Property transactions run smoother.

Legal Indemnity Insurance (also known as ‘Title Insurance’) is a type of insurance which protects against loss from defects that arise during Property transactions. These risks can be very diverse in nature, and we can arrange policies covering everything from straightforward residential risks to complex commercial and development issues.

Whatever type of Property transaction is being undertaken, the keys to its success are speed, simplicity and confidence. The aim of our policies is to speed up the acquisition, sale and refinancing of Property, reduce costs and bring added peace of mind.

Why choose us?

  • One of the UK’s leading specialist brokers for Legal Indemnity Solutions
  • Experienced and legally qualified team
  • Proficient in negotiating bespoke solutions with lawyers, owners and funders
  • Access to wide range of insurer partners

Take a look at the products we have available below:

Freehold Restrictive or Positive Covenant

Your Property is being used, has been built and/or altered in a way that is not compliant with restrictive covenants registered against the freehold title and a third party tries to enforce these covenants.

Mines and Minerals

Protection against financial loss following the future exercise of rights to extract mineral reserves underneath the property.

The minerals underneath your property are owned by a third party and they enforce their legal right to extract the minerals and/or seek damages against you as a result of trespass of the minerals caused by construction and/or use of the Property.

Right to Light

Cover against damages and compensation awarded, the costs of alteration or demolition necessarily incurred to comply with an action, the diminution of market value or costs incurred prior to the action which render the development abortive.

Lack of Access or Easement For Services

Protection against interference with the use of the Property due to a lack of legal grant for access and/or services to a Property.

You need to access your Property across land that doesn’t belong to you. The owner of that access way prevents you from using it for pedestrian and/or vehicular access to and from your Property.

Adverse Possession

Cover against a challenge to the occupation of land that forms part of the Property but is not included in the documentary title to the Property.

Town & Village Green

Cover against damages or compensation awards, costs of altering/demolishing, diminution in value, abortive costs, where a third party applies to the relevant statutory authority for the registration of the Property (or any part thereof) as a town or village green.

Search Indemnity

Protection against financial loss caused by a matter that would have been revealed to the owner of a Property by a local authority search.

Insolvency Act Indemnity

Your mortgage or change on the Property is invalid and unenforceable because of a claim made under Section 339-342 of the Insolvency Act in respect of a transfer of the Property.

Cover in the event that the Property transfer is set aside pursuant to the Insolvency Act.

Breach of Planning/Building Regulations/Listed Buildings Consent

Protection against any enforcement action by the local authority due to the absence of appropriate consents for alterations/use of the Property.

Land Registered with Possessory Title/Good Leasehold Title

Title to your Property, or part of it, is registered at the Land Registry with Possessory Title and a third party;

a) Challenges your title; and/or

b) Establishes or attempts to establish rights, easements, restrictive covenants or other matters that adversely affect your interest in the Property.

Land Subject to Rights of Way/Reservation of Rights

Your Property is subject to rights, easements, exceptions and/or reservations that adversely affect your interest in the Property and a third party tries to enforce any or all of them.

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.

Chancel Repair

A Parish church demands contributions towards the repair of the church chancel.

Petroleum Exploration and Development Licences

Cover is sought as your Property falls within an area which is subject to a Petroleum Exploration and Development Licence.

Absent Landlord

Your landlord is absent but reappears and takes action against you for any one or more of the following;

a) Non-payment of arrears of ground rent, service charges and/or other payments under your lease due prior to the policy inception date.

b) Failure to comply with the terms of your lease, as notice of the transfer of the Property to you and your mortgage (if applicable) could not be served.

Breach of restrictive covenants in your lease relating to any alterations or additions carried our prior to the policy inception date.

Breach of Restrictive Covenant in a Lease

Your Property has been altered in a way that is not compliant with restrictive covenants contained in the lease of the Property and your landlord tries to enforce those covenants.

Building Over a Sewer

Part of all of the Property is constructed over or within 3 metres of a public sewer and the relevant authority required access to the sewer resulting in damage to and/or removal of the building.

Defective Lease

Your lease is defective because of absent or ineffective covenants, rights, provisions and/or arrangements.

Flying/Creeping Freehold

Part of your Property comprises or is affected by a flying and/or creeping freehold and you are unable to;

a) Compel the owner(s) of the adjoining building, to carry out maintenance or repair of the adjoining building for the necessary support, shelter and protection of your Property.

b) Obtain contribution towards the cost of maintenance or repair of the adjoining building necessarily incurred for the protection of your Property as the title to your Property lacks all necessary rights of support, protection, and entry for repair as well as a scheme of enforceable covenants.

Good Leasehold

Your Property is registered at the Land Registry with Good Leasehold Title and a third party claims better legal ownership than you to the Property.

Lack of FENSA Certificate

The local authority takes enforcement action because your Property does not have the relevant consent under building regulations for its constructions and/or any subsequently completed alterations and/or additions (including any works requiring FENSA, gas and/or electrical, HETAS and/or other certificates of compliance with building regulations.

Lack of Drainage/Service Media/Water Supply

Your Property uses services (drains, pipes, cables and/or other media connected to and serving the Property), which run underneath or above neighbouring Property. The owner of the land over/under which the services run, prevents you from using the existing services’ route to and from your Property and/or from gaining access for inspection, maintenance, repair and/or renewal of the services.

Lack of Easement – Pedestrian Access

You need to access your Property across land that doesn’t belong to you. The owner of that access way prevents you from using it for pedestrian access to and from your Property, as you have no legal right to do so.

Lack of Easement – Vehicular Access

You need to access your Property across land that doesn’t belong to you. The owner of that access way prevents you from using it for pedestrian and/or vehicular access to and from your Property, as you have no legal right to do so.

Maisonette Indemnity

Your lease is defective because of absent or ineffective covenants, rights, provisions and/or arrangements:

a) for the maintenance and repair of the main structure of the building, foundations, main walls, roof, common parts, common services and/or grounds

b) enabling you, the landlord and/or management company to enforce covenants against other tenants and/or to contribute towards maintenance or repair

c) requiring the landlord to take over the responsibilities of the management company where the management company becomes insolvent or is struck off or is not conducting its duties

d) to enter an adjoining Property to carry out repairs to the Property

e) for support, shelter and protection of the Property

f) for access over the common parts

g) to ensure all leases of other flats in the building are in, or will be granted in, substantially similar form.

Rent Charge

Your Property is subject to a rent charge and a third party demands payment in respect of that rent charge.

Testimonials

Thomas Carroll have always shown an understanding of the commercial drivers to Real Estate transactions, proactively understanding the needs of all parties involved and tailor cover on each site accordingly.

Penny Cranston Shoosmiths

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