We look at some of the most common questions posed to our underwriters.
Q: Can you still provide your Japanese knotweed cover where there is a potential knotweed problem on adjoining land?
A: Yes. Where there is a current or previous issue with knotweed on adjoining land, in order to provide cover, we require confirmation that:
knotweed is not visible on the vendor’s land – specifically along, or immediately adjacent to, the boundary line
the purchaser’s surveyor has not raised any concerns in the survey
the adjoining owner has, or is thought to have, obtained a specialist knotweed survey and that treatment work has been (or will be) undertaken.
Our policy will then cover costs associated with any future discovery of knotweed at the insured property, such as the cost of obtaining a specialist survey report, treatment costs to eradicate knotweed at the property, repair and restoration fees for damage to the property caused by knotweed and legal defence expenses.
Q: Is your Restrictive Covenant cover available prior to planning permission being obtained for a development?
A: It is definitely something we can consider. Cover on a ‘pre-planning’ basis is a more substantial risk compared to situations where planning consent has already been obtained.
This is because we are not able to rely on a consultation process to be able to gauge public opinion to the development, such as any objections. Not to mention that with pre-planning risks, we have to factor in potential loss in value of the land if a restrictive covenant claim arises after planning consent has been granted. But depending on the age and nature of the covenants, the development proposed, any prior relevant planning history and other breaches nearby, we will certainly endeavour to assist.