MOFS Guide to Legal Indemnity Insurance - Flipbook - Page 5
This booklet is intended as a guide to the most
common risks you’re likely to come across in real
estate transactions, what you need to consider
when presenting the risk to us, how underwriters
come to their conclusions, and what we can
do to assist.
There’s also useful information in relation to under-insurance, averaging,
consequential losses and more.
Absence of Easement
20Lack of Building Regulations /
21Lack of Listed Building /
Conservation Area Consent
14Determining the Limit
Rights to Light
Under-Insurance and Averaging
(Good & Marketable Title)
•Dependant on the nature of the land, insurers may ask for copies of
adjoining titles or some indication as to the make up of the same.
Issues which can affect underwriting, and therefore the availability of cover,
include the involvement of public Rights of Way and whether any part of
the land is Common Land or a Town & Village Green.
23Mines & Minerals and
•A copy of the SIM in respect of the affected land.
•Where development is to take place, and the planning process has been
completed, whether any objections or comments were made by any
third parties in relation to access of the new development.
22Lack of Searches /
Search Delay / Validation
Standard terms require at least 12 months’ exercising of rights without
objection, but bespoke cover can be considered where such a period
does not exist. For change of use policies, insurers will want to know
level of intensification, and some developments (e.g. where there is to be
a significant increase in residential dwellings) are often more contentious
•A clear plan showing the route of the easement.
8Chancel Repair Liability
A Lack of Easement policy may be required where there are inadequate
rights of access to, or egress from, a parcel of land, either for pedestrians,
vehicles, and/or service media.
In addition to the general property information, insurers
will ask to see:
Absence of Easement
Title to Shares
17Losses for Renewable Sites &
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