Claims Chronicles- Right of Access
January 2010
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Expenses £9,996.00
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Settlement £35,000.00
For more information contact our claims team on 0845 371 1781 or email legal&claims@firsttitle.eu.
The Insured [a Limited Company], bought a 250-year old listed building with the intention of development.
Their solicitors noted that the property fronted onto a gravel roadway that ran parallel with the main road and the two roadways were separated by a grass area. When the solicitors carried out the appropriate searches it appeared that the area had been registered as a village green in 1981, and local authority searches also revealed that the gravel roadway was part of a publicly maintained highway.
However, doubt was cast upon this by a letter received from the Council's agents who stated that a local landowner was laying claim to the ground, but had not produced any evidence.
The Insured's solicitor advised them to take out a Title Insurance Policy with First Title thus enabling the development to proceed and if things went wrong they would still be protected. As soon as development commenced the developers were approached by the Lord of the Manor claiming ownership of the access way outside the property and forbidding any connection of any mains services to the site.
As soon as their solicitors became aware of the potential claim they notified First Title, we proceeded to deal directly with the Lord of the Manor's solicitors and arranged for Land Agents to be appointed for each party to negotiate a Deed of Easement in order that the site could be developed.
After a short period of time a substantial settlement was agreed and the services were then connected. First Title's policy covered the settlement, the legal expenses and the Land Agent's costs necessary to resolve the dispute.
The Insured avoided being involved in long drawn out negotiations, possible litigation and all the expense, uncertainty and stress associated with it.
"This was obviously a difficult matter as more evidence became clear early on and with a client on board we were concerned about hitting out target date. Our client is now over the moon having moved into his house this week and we would both like to express our thanks once again for the professionalism with which First Title dealt with this matter."
"As a result of the excellent response my clients have, at my suggestion, already placed three more substantial risks with First Title and will be very happy to do so again."