MOFS Guide to Legal Indemnity Insurance - Flipbook - Page 22
Lack of Searches or Search Delay / Validation
Mines & Minerals and Manorial Rights
Cover is available in situations where searches are not being ordered for
whatever reason, searches have been ordered but are unlikely to arrive
back in time, or searches have recently been ordered and received, but for
whatever reason have now ‘expired’.
Standard terms are available to cover a third party exercising or
attempting to exercise rights to gain access to, and obtain, mineral
substances from the land. Cover is also available in respect of the
landowner being subject to a claim for trespass, normally through the
course of development and particularly where there may be particularly
MOFS have access to a specific search policy to cover all of the following
(please note that the removal of one or more searches is not possible, nor
would it have any affect on the premium):
• CON29R and 29O.
• CON29M or other mining report.
• A Highways Search.
•A Desktop Environmental Report to the extent that would have
‘Failed’ or been ‘Referred for Further Action’ due to historical land
contamination under Part IIA of the Environmental Protection Act 1990.
•A full search of the Records of Ascertainment to the extent that would
have revealed the Property to be subject to a chancel repair liability.
Where searches have been carried out within the last
12-18 months, cover is available on a ‘validation’ basis
with significantly reduced premiums.
Since 13 October 2013, the ‘overriding status’ of Manorial Rights has been
removed and, as such, owners of Manorial Rights now need to register
their interest against the title to a property, usually by way of a Unilateral
Notice (or a caution against first registration of unregistered land) and any
failure to do so before a subsequent Transfer of the Land would generally
remove any risk.
If a Unilateral Notice in respect of Manorial Rights has been registered on
the title, all is still not lost! Generally, the Lord of the Manor would still need
to obtain a landowner’s consent to access the land and such rights can
not be legally exercised within a residential area anyway; as such, cover is
generally very reasonable and fairly easy to obtain.
In addition to the general property information, insurers
may ask to see:
• A copy of the reservation.
•A geological report or ground survey detailing potential minerals under
the site (hopefully to prove there is nothing of value!).
•Any relevant information regarding mining activity nearby or a zoning of
the property in the Local Plan.
• Where development is planned, full details of the development.
Cover is only available instantly on a ‘continued use’ basis;
should cover be required for searches for a development, please
let us know and we can approach insurers for bespoke terms.
•Where development is planned and cover is required prior to an
application for planning consent being made, details of any previous
planning history at the Property or adjacent sites, so that any (potentially
material) objections can be assessed.
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