Claims Chronicles- Access
January 2010
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Expenses £48,258.00
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Settlement £17,500.00
For more information contact our claims team on 0845 371 1781 or email legal&claims@firsttitle.eu.
The Insured wanted to purchase on old farm which needed a great deal of renovation. The old farm sat on a hill overlooking beautiful views of the surrounding area, it was their "dream home". Although the property had two separate accesses there was no legal right to actually use either of these. First Title provided title insurance policies for these access ways to insure them against any future prevention of their use.
The purchase completed and renovation works commenced. Lorry access was required, and it was ideal to use 'Accessway A', which was a more direct route to the property although this was across a field owned by a neighbour. This accessway had been used for over 40 years.
The neighbour then placed a skip over the entrance preventing their use of it, and refused to move it. The neighbour was not happy with the use of his land by our Insured for access to their property and disputed that they had a legal right over his land.
First Title instructed panel solicitors immediately to deal with the matter who liaised with the neighbours' solicitor to aim to bring the matter to an amicable conclusion without the need for Court proceedings, unfortunately without success. Proceedings were issued against the neighbour for a declaration that the legal right of way existed over the field.
A mediation hearing resulted in the Insured being transferred part of the neighbour's field to provide an alternative accessway through to their property and if this was not possible due to planning regulations, then they would be granted the right of way over accessway A to the field
The claim was covered by First Title's policy that protects against actual monetary loss or damage incurred because a neighbour prevents the use of an accessway to the Insured's land. In addition, First Title's policy covered the legal costs including the surveyors and Counsel's fees necessary to resolve the dispute.
The Insured were extremely happy with the result and commented;
" We are delighted with the outcome, which was achieved by First Title's knowledge, professionalism, skill and patience. We would thoroughly recommend a First Title policy to anyone."