We look at some of the most common questions posed to our underwriters.
A: If the notice is registered against the title of an established property, providing that a 'clear' coal mining/mineral report has been obtained and no-one has attempted to enforce rights over the property, we can usually offer cover.
If a notice has been registered against a development site's title, it's less likely we can assist and we'll need to consider a number of factors first. These factors include who has registered the rights, whether they've been actively enforcing claims of trespass in the area, the likelihood of enforcement in future, the nature of the site and local area, and the results of the mining report.
Q: Can you still offer Flying Freehold and Maisonette Indemnity cover where the buyer is not obtaining a survey?
A: Yes we can. This situation occurs most typically when cash buyers are not obtaining a mortgage and are aiming for a quick turnaround. In instances such as this, cover is available provided the buyer has viewed the property and is satisfied that there is no current disrepair visible. A check would also need to have been made with the sellers to confirm there is no current disrepair, or disputes regarding repairs with adjoining owners.
Q: Can you provide cover for works which have breached restrictive covenants in a lease?
A: Yes. The two most common enquiries of this nature that we see are:
private dwelling houses held on very old, long leases for nominal rent, where the freeholder is no longer known, but the restrictive covenants have been breached by previous works at the property e.g. an extension or conservatory
modern leases on residential flats where previous, minor internal works, such as the installation of wood flooring, have breached the restrictive covenants in the lease and the landlord or management company has not given their consent – nor have they objected to the works undertaken.
If you have any questions that you'd like to pose to our experts, please drop us a line via firstname.lastname@example.org.