Claims Chronicles- Unenforceable Covenants
January 2010
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Expenses £575.00
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Settlement £7,375.00
For more information contact our claims team on 0845 371 1781 or email legal&claims@firsttitle.eu.
The Insured owned the freehold title to the ground and first floor to a property, but did not own the top floor or roofline. First Title provided Insurance to cover the Insured against being unable to enforce covenants to compel the owner of the top floor/roofline to carry out repairs and maintenance where this results in loss to the Insured.
The guttering was in a serious need of repair, and despite repeated letters and communications the owner of the top floor/roof line, refused to co-operate. This resulted in water overflowing and caused tens of thousands of pounds worth of damage to the property.
Although the policy does not indemnify for the damage to the Insured's property it does cover the issue regarding the defective guttering. The policy has covered the cost of sending letters to the owner of the top floor/roof line, seeking advice from Counsel, paying for a survey to be carried out and will now cover the cost incurred for the Insured carrying out the repairs themselves and if need be, pursuing the owner of the top floor/roofline for reimbursement.
The Insured has telephoned on almost daily basis and said: "I am so grateful for all the friendly and concerned help you have given me. I really think I would have gone under by now if you hadn't been so kind. It is a blessed breathe of fresh air that First Title conducts business with such integrity "
" First Title are brilliant, you get through to someone straightaway and they do take action."