There are many potential problems associated with private rights of way, which explains why access cover is one of our most frequently requested policies. And disputes caused by regularly using someone else’s land, where there are insufficient legal rights to do so, make claims on these policies one of the most common that we handle too. Reaching a satisfactory outcome for all parties requires experience and expertise - and as this recent case study shows, plenty of patience and some luck too!
Product articles
Below you’ll find articles or communications we’ve issued which are related to our Access indemnities.
Today, renewable energy sources make up a significant proportion of the electricity mix that powers our homes and businesses. With the drive to decarbonise Britain’s electricity grid by 2030, and to meet the Government’s net zero target by 2050, more developers and funders are investing in green energy projects.
Disputes between neighbours over a right of way can easily become protracted and contentious affairs. They often arise when one neighbour, for example, makes a change to their property or the way they use the land, which then has an impact on an established access route, as this recent claim illustrates.
The contribution made by renewables to UK power has more than doubled since 2014, with energy generated by wind, solar, biomass and hydro sources making up 42% of the UK’s electricity in 2020.
While there are hundreds of different types of legal indemnities to cover the many complexities that arise during a property transaction, access cover for private rights of way continues to be one of the most frequently requested policies, and is the policy that creates the highest number of claims when compared to policies sold, largely because the risk of action against our insured does not diminish over time.
As we mentioned elsewhere in this edition of InTouch, resolving a dispute over a right of way can be a long and contentious process, even for an established property, as this recent claim, settled by our claims team, illustrates.
Verbal agreements between neighbours over rights of way can be a friendly and informal basis for developing land, but a recent case shows the problems that can arise from relying too heavily on good will.
A recent court case demonstrates that long-standing use of an access with the benefit of old legal rights of way can’t rule out the need for legal indemnity insurance.
We look at some of the most common questions posed to our underwriters.
Despite his home being his castle, there are plenty of Englishmen (and women) who don’t have a legal right to use their own drawbridge.
When an insured faced losing vehicular access to her home of seven years, and couldn’t demonstrate any prescriptive rights, we had to look into other options in order to resolve her difficult situation.
They say that it’s easier to beg forgiveness than ask permission. But when it comes to proving prescriptive rights over an access way, establishing whether consent has been granted can be the difference between success and failure.
As you know, during the conveyancing process, solicitors carry out a number of searches and investigations to identify potential title defects. And sometimes, something that first appears straightforward can turn out to be anything but.
Imagine the scenario: you've owned your property for over a decade, in which time you've carried out various improvements. Suddenly, the neighbours take exception to an entrance you created some years earlier, and you find yourself faced with legal action.
Imagine arriving at your property to find that posts had been erected to stop you gaining access. This was the scenario facing one of our insured parties recently, and it highlighted the value of an Access Indemnity policy.