The Adverse Rights legal indemnity insurance policy provides cover when the title deeds or Land Registry entries indicate that a property, being used for residential and/or commercial purposes based within England and Wales, is subject to rights in favour of other people (e.g. rights of way or rights to excavate for minerals or to take produce) but those rights are neither visible nor known to have been exercised. The rights should not have been granted less than 20 years ago or be contained in a licence agreement or lease. During the last 12 months, the property must have remained occupied and not have been altered or extended.
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Key Features and Benefits
If someone establishes, or attempts to establish, that rights to which the deeds or Land Registry entries refer can be enforced over or across the property, this policy provides cover for the following, up to your selected limit of indemnity *:
- any sum which you are required to pay, either by a court order or to which we consent, to free the property from the rights
- the reduction in the value of the property
- damages and compensation
- costs and expenses with our consent.
The policy does not provide cover for public rights (e.g. a public footpath or bridleway), financial charges or monetary liabilities (e.g. a mortgage or rentcharge)*.
The policy automatically covers subsequent owners of the property and mortgage lenders, and remains in force from the day you issue it without any time limit.