CASE STUDY: Lack of Rights
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Insured Use: Residential Property
A neighbouring property owner had constructed a hardstanding and erected sheds which subsequently encroached on the Insured’s access to the property. The property did not have the benefit of a right of access over the land edged green and so to resolve this issue, the next steps were to obtain all relevant OCE’s, planning permissions and historic transfer deeds as well as instructing a valuer to get a feel for the ly of the land.
In this case, there was a discrepancy in the Land Registration plans, Ordinance Survey plans and the original conveyance. All three plans were different and the valuer was unable to categorically state that the neighbour did not own the land on which they built on. Following thorough consideration of the options available, a site visit revealed an alternative solution which brought to light a discarded piece of land which allowed the insured to continue to use the access unhindered.
A formal deed of easement has been agreed over an adjacent plot of land which will be registered with the Land Registry.
Laura Thomas, Head of Claims
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