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Online Residential Known Risks
Indemnities UK are committed to providing a comprehensive range of policies to address any issue relating to residential title. Here are just some of the more common known risks that you can insure against.
Adverse possession
Where paper title cannot be evidenced.
Possessory title
Where HM Land Registry has given a possessory title and no state indemnity is provided.
Good leasehold
Where the freehold title has not been proved to HM Land Registry and someone else challenges the validity of the lease.
Absent landlord (Flat/Maisonette or House) Where the landlord cannot be identified and the lease does not allow the tenant a right to enforce positive/restrictive covenants against other tenants.
Title Subject To Rights and Reservations.
Where the title is subject to third party rights
Unknown Freehold Restrictive Covenants referred to in the Title or Deed which is missing.
Where a deed or the registered title makes reference to restrictive covenants but the contents are unknown
Missing Deed or Lease refers to easements, rights or other provisions, which are unknown.
Where there is reference to a deed or lease containing easements, rights or other provisions, which are unknown
Defective Lease
Where the lease contains inadequate provisions as to repair/maintenance of the building of which the property forms a part or where the lease is otherwise defective.
Breach of Restrictive Covenant
Where covenants are breached which restrict the use or type of building.
Chancel Repair (Successor and Non-Successor)
Where the property is located within a potentially liable parish for Chancel Repair payments.
Flying/Creeping Freehold
Where part of the residential property extends above or below another property.
ForcedRemoval/Obstruction of a Right of Way
Where there is a building over an existing Right of Way.
Lack of Drainage/Service Media/Water Supply
Where there are no or inadequate legal rights of drainage/service media/water supply to the residential property
Lack of Building Regulations/Planning Permission/FENSA certificate
Building Regs/FENSA Certificate – Alterations or additions or replacement windows were made without former building regulations approval/receipt of FENSA Certificate (if applicable)
Local Authority Search – No Search for Purchase or Remortgage Transactions
Where no formal search of the Local Authority Land Charges, Water Service Company and/or Coal Authority registers in accordance with forms LLC1 and CON 29/29R/29DW/29M have been applied for
Local Authority Search – Search Delay for Purchase or Remortgage Transactions
Where formal searches of the Local Authority Land Charges, Water Services Company and/or Coal Authority registers in accordance with forms LLC1 and CON 29/29R/29DW/29M have been applied for but there is a delay in receiving these back
Local Authority Search – Search Validation for Purchase or Remortgage Transactions
Where existing searches of the Local Authority Land Charges, Water Service Company and/or Coal Authority registers in accordance with forms LLC1 and CON 29/29R/29DW/29M are more than three months old
Cover for lenders
Insolvency - Deed of Gift/Undervalue Transaction (Lender Only)
Where there has been a transfer of the land by a deed of gift or at an undervalue.
Freehold flat (Lender Only)
The coverage for this known risk is limited a duration of 25 years or the term of the mortgage, from the policy date, whichever is the longer.
Building over a sewer (Lender Only)
Where there is building over a public sewer
Listed Building Consent (Lender Only)
Where it is not evident that relevant listed building consent has been obtained for alterations.
