Enforcement of Rights legal indemnity news

You no longer need a mining search to obtain our Mining and Mineral Rights cover for existing residential and commercial properties.

For those involved in recent rights to light cases, Dickens’ words “It was the best of times, it was the worst of times” are likely to ring true. For those watching on with interest, it’s probably the most confusing of times.

There’s a rule in football about obstruction which is often overlooked, where if a player impedes the progress of an opponent, an indirect free-kick is awarded.

With thousands of owners affected by rights being reaffirmed over their properties by Lords of the Manor over the last couple of years, the Commons Justice Committee has urged an investigation into the manorial rights laws.

A long-running application by East Sussex County Council, on behalf of local residents, to register a beach in Newhaven as a town or village green was finally rejected by the Supreme Court.

Ahead of what looks to be an encouraging year for the development industry, the Law Commission has provided a boost for developers with the publication of its final report and draft Bill on rights to light reform.

More than a year has passed since the town and village green (TVG) application process was amended, but what effect have these changes had on developers' need for insurance cover?

The last few years have seen the Courts' stance on rights to light act as a major block on development, especially in city centres. Developers have been frustrated in their efforts to secure finance for projects or have become embroiled in protracted legal disputes and ongoing negotiations.

Registering land as a town or village green was once the 'ace up the sleeve' of those looking to obstruct development, but since Government legislation introduced measures to moderate applications, it's the developers who are coming up trumps

Manorial rights registrations make their mark.

Changes are imminent to laws affecting developers - what impact are they likely to have?

In the last edition of intouch, we highlighted our approach to rights to light, and mentioned that a Law Commission consultation paper was due at some stage this year.

After years of languishing at the back of Countrywide's legal indemnity policy cupboard, our cover for Rights of Turbary finally saw the light of day a couple of months ago.

For major development works, the issue of rights to light has always been a cause for concern, but the Court's recent decisions mean developers and their solicitors need to tread more carefully than ever.