What is Legal Indemnity Insurance?

Legal indemnity insurance is a specific type of insurance policy whereby the title to a property may contain matters that are defective to a party’s interest or proposed interest in the property. These defects may restrict, or prevent, the way in which a property can be used or developed.

Whether you are a UK Solicitor, Land Promoter, Property Developer, Lender, Local Authority, Financial Institution or a Surveyor, Consort can arrange and provide unique insurance solutions on a comprehensive range of Title Defect Risks and Protection Products for large and complex risks.

What does Legal Indemnity insurance cover?
We can arrange the following insurance covers:

  • Title insurance
  • Restrictive covenants
  • Defects in title including loss of deeds
  • Rights to light
  • International risk
  • Possessory Title
  • Lack of adequate access and/or services
  • Deed of gift/transactions at undervalue (Insolvency Act 1986)
  • Easements
  • Leasehold problems
  • Flying freehold
  • Judicial review and other planning and building regulation issues
  • Search indemnities & sewer indemnities
  • Breach of warranty (portfolio sales)
  • Chancel repair
  • Trust & probate i.e. missing beneficiary
  • Lost documents i.e. lost share certificate
£150 million capacity
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From the point of first engagement, Consort work intrinsically with you to effectively present your requirements to market on a case-by-case basis, this helps to allow access to the most comprehensive and competitive capacity. Upon acceptance of terms, we continue to support you to ensure that your cover evolves in line with your requirements and contractual obligations.

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    Absence of Easement Indemnity Policy

     With the legal title to a property there should be a full description of all the Rights of Way and Rights of Services relevant to the property. On occasions, these are missing or not properly described and sometimes even though they did not exist when the property was first built, the rights have developed over time through continued and/or evolved use. This can be referred to as Absence of Easement. Rather than complex and time-consuming negotiations with third parties in an attempt to rectify the position, an insurance policy is often available and can usually be insured for what is deemed to be a tangible premium solution.

    In what circumstances could this product be considered a plausible solution?

    Where a site/property lacks a legal easement in respect of vehicle and/or pedestrian access, inclusive of but not limited to maintenance and servicing.

    This can be in respect of the continuing use of a property or where a change of use or development is intended.

    Product features can be described as the following;

    Damages and compensation awarded to a claimant, the adverse difference in market value, out of court settlements and the cost of obtaining a legal easement in respect of the access and services.

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