Defective Title

    Solving title problems!

    Our simplified product suite comprises eight policy wordings, covering 8 Heads of Loss that are multi-jurisdictional and which, can be tailored to be sector specific and meeting transaction requirements. Please choose the type of cover that you require and simply…

    4

    Burdens & restrictions

    All risks which allow a third party to prevent the use of the insured property as intended due to restrictions imposed for their benefit.

    3

    Lack of rights

    All risks which impact on the inability to use third party land for the benefit of the insured property.

    2

    Lack of title

    All risks which impact on the ability to possess and grant a security over the insured property.

    1

    Obligations

    All risks preventing the insured from possessing or transacting the property because a third party may have a monetary interest over it.

    5

    Planning & structural risk

    All risks associated with imperfections in historic planning records or breaches and future challenges to planning permissions by judicial review.

    6

    Leasehold title

    All risks which relate to defective drafting of third-party competing interests which are linked to leasehold titles.

    7

    Title search

    All risks associated with adverse entries on missing or outdated or erroneous searches.

    8

    Third party rights

    All risks which grant third party rights to impose for specific purposes on the future use of the insured property.

    Benefits: The proposer is not required to delve into the validity or enforceability of the financial obligations but merely to identify that they exist.

    Proposal Requirement: The proposer will be required to detail the nature of the obligations and confirm that no approaches have been made in this regard.
    Benefits: Removes the requirement to define the title by exception to the insurer.

    Proposal Requirement:  The proposal form will steer the applicant towards the correct definition of the lack of title issue.
    Benefits: Ambiguities in lack of rights risk framing become irrelevant.

    Proposal Requirement: The proposal simply requires an acknowledgement that there is a risk which threatens the exercise of the asset.

    Benefits: The complex area of planning law need not be navigated with risks transferred to the insurer

    Proposal Requirement: A description of the historic breach, or, in the case of judicial review, details of the decision-making process is to be provided.

    Benefits: The complex nature of leasehold risks are encompassed without extensive diligence.

    Proposal Requirement: The proposer will be required to detail the supervening or insufficiency of the leasehold interest and that there has been no third-party challenges.
    Benefits: Transaction delays are avoided. Inherent risks of failure to instruct accurate or appropriate searches are eliminated.

    Proposal Requirement:  The proposer is required to detail what searches are missing or inadequate and the reasons for this.
    Benefits: All that is required is for the proposer to identify that there is an intervening third party right with no further diligence required.

    Proposal Requirement: Disclosure of third-party rights together with confirmation of how they are exercised or that they are not exercised.

    Our Defective Title policies are underwritten by A+ rated global insurers. 

    Our experts protect the buyer or the seller from future losses against hidden risks.

    Ben Baker, Chief Underwriting Officer

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