A recent court case demonstrates that long-standing use of an access with the benefit of old legal rights of way can’t rule out the need for legal indemnity insurance.
Product articles
Below you’ll find articles or communications we’ve issued which are related to our Access indemnities.
We look at some of the most common questions posed to our underwriters.
Despite his home being his castle, there are plenty of Englishmen (and women) who don’t have a legal right to use their own drawbridge.
When an insured faced losing vehicular access to her home of seven years, and couldn’t demonstrate any prescriptive rights, we had to look into other options in order to resolve her difficult situation.
They say that it’s easier to beg forgiveness than ask permission. But when it comes to proving prescriptive rights over an access way, establishing whether consent has been granted can be the difference between success and failure.
As you know, during the conveyancing process, solicitors carry out a number of searches and investigations to identify potential title defects. And sometimes, something that first appears straightforward can turn out to be anything but.
Imagine the scenario: you've owned your property for over a decade, in which time you've carried out various improvements. Suddenly, the neighbours take exception to an entrance you created some years earlier, and you find yourself faced with legal action.
Imagine arriving at your property to find that posts had been erected to stop you gaining access. This was the scenario facing one of our insured parties recently, and it highlighted the value of an Access Indemnity policy.