Legal Indemnity Insurance policies for issue by solicitors and conveyancers

Adverse Possession

What are the key covers, features and benefits?

This type of policy insures areas of unregistered land which have been enclosed and used to the exclusion of others for a number of years. This policy would compensate the Insured if the paper title owner sought to claim the land and/or if a third party exercised adverse legal rights over the land, for example, rights of way. The legal indemnity insurance policy would cover any consequential diminution in value to the property if the adversely possessed land had to be given up.

What are the exceptions and limitations?

  • Cover is excluded if the Insured contacts any party which may have an interest in the land
  • Cover is excluded for any adverse legal rights which are currently being exercised at the time the policy is incepted

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