Legal
Indemnity
Checklist
2014
Thomas Carroll, Pendragon House,
Crescent Road, Caerphilly, CF83 1XX
t
029 20 88 77 33
e
info@thomascarroll.co.uk
w
www.thomascarroll.co.uk
Contents
Introduction
3
Cover we can provide
4
Other covers we can arrange
4
Typical underwriting information
5
Freehold Restrictive Covenant
6
Land Registered with Possessory Title/Good Leasehold Title
6
Lack of Access or Easement for Services
7
Mines & Minerals
7
Land Subject to Rights of Way / Reservation of Rights
8
Village Green Registration
8
Adverse Possession
8
Judicial Review
9
Rights of Light
9
About Thomas Carroll
10
Our Chartered Status
11
How to arrange cover
12
2
Introduction
Whatever type of property transaction is being undertaken, speed, simplicity and confidence are all key to its
success. And the aim of our policies is to make the acquisition, sale and refinancing processes much more
rapid, easier, cost effective and with added peace of mind.
For example, on developments, cover can be offered on a pre or post-planning basis, as well as providing
protection against specialist risks such as Rights of Light, Mines & Minerals, Village greens/commons issues
or Judicial review.
When it comes to acquisitions and investments, where completions are often delayed or aborted all
together, our policies can help you expedite deals, even on problem transactions. Cover can be used to
replace warranties to accelerate the release of funds to investors when assets are sold.
For total flexibility and convenience, Thomas, Carroll Legal Indemnities are able to offer you a choice of
policies from a range of insurers, including a secure online policy ordering system for both commercial and
residential matters for both simple Known Risks policies protecting you against issues identified during due
diligence, through to ‘Good Title’ cover to protect you against any unknown risks that may arise after
completion.
Trading for over 40 Years, and as members of UNITAS, an alliance of independent brokers placing in excess of
£1bn premium into the insurance market, the specialist teams at Thomas Carroll Legal Indemnities can often
negotiate cover and terms not always available in the open market and offer rapid turnaround of all
enquiries.
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Cover we can provide
Absentee Landlord
Access and / or services
(including common
land)
Adverse Possession
Breach of Trust
Business Interruption
Chancel Repair
Covenants for Title
Flying and / or Creeping
Freehold
Deed of Postponement
Defective Title
Forfeiture of Head lease
Forfeiture of lease
Improvement Grant
Liability
Insolvency Act
Judicial Review
Lack of Good Root of
Title
Lack of Listed Building
Consent
Lack of NHBC Certificate
Lack of Planning
Permission and / or
Building Regulation
Consent
Lost Documents
Lost Title Deeds
Manorial Rights
Mineral Rights
Obstruction of Right of
Way
Outstanding leasehold
interest
Outstanding Rights of
Common
Rent Charges Indemnity
Restrictive Covenant
Reversion Risk
Reverter of Sites Act
Right of Light
Road Charges Indemnity
School Sites Act
Search Indemnity
Sewer Indemnity
Unknown Rights and
Easements
Other covers we can arrange
Latent Defects Insurance
Property Owners Insurance
Warranty and Indemnity Insurance
Owner Controlled Project Insurance
Contaminated Land and Pollution Insurance
4
Typical Underwriting Information
Name(s) of parties to be insured.
Address of property to be insured.
Current/previous use of property.
Intended/ future use of property i.e. details of any change of use or redevelopment.
Has planning permission been applied for/ obtained? If so please provide a copy along with copies of
any objections raised thereto.
Office copy of Entries and Title Plan to the Property.
Gross developed value/market value of property.
Limit of indemnity required and if different from above the basis calculation for this.
Brief details of defect/ insurable risk.
Additional information to be provided i.e. attachments/adverse features/ material facts
Material Facts
It is essential that you advise us at once of any circumstances not already notified to us and which could
affect Underwriters’ assessment of the risk. If in doubt, tell us, as failure to do so could invalidate the
quotation or your insurance cover.
5
Freehold Restrictive Covenant
1. Full copy of document imposing the Restrictive
covenants to be insured (or such details as are
available e.g. office copy entries).
2. Background information (if known) as to:
a) The identity of the covenantees?
b) Location of the benefiting land.
c) Whether any approaches have been made to
parties likely to have the benefit of the covenants.
d) Objections
3. If development is intended.
a) Layout plan of the proposed development (if
applicable)
b) Have there been any similar developments carried
out in the vicinity of the site? Can these be
identified on a plan?
Land Registered with
Possessory Title / Good
Leasehold Title
1. A copy of the registered title granted at HM
Land Registry
2. If registered in the last 12 months, a copy of
any statutory declaration that was
submitted to HM Land Registry in support of
the application for first registration of the
land.
3. Background information on the following:
a) Has there been any attempt to contact
any person(s) who may have an interest
in the land or any challenges received in
relation thereto?
b) Has ownership of the land been
challenged in any way?
6
Lack of Access or
Easement for Services
1. In relation to easements for access and/or
services lacking, is the servient land.
Mines and Minerals
1. A copy of the dead reserving the mines and
minerals for which cover is sought or such
details as are available e.g. office copy entries.
2. A mines and minerals search.
a) Registered.
b) Subject to caution.
c) Registered as common land or village
green.
d) Registered public right of way.
If yes, please provide copies of the relevant title
or documentation.
2. Background information (if known) on the
following:
a) Has there been any attempt to contact the
person(s) thought to own the access way? If
yes please provide details.
b) Have the current owners of the land had
any problems because of the lack of
adequate easements? If yes please provide
full details.
c) Other evidence supporting past and present
use of the access or easement for services
for as long a period as possible.
3. A draft statutory declaration confirming use of
access or services.
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Land Subject to Rights
of Way / Reservation
of Rights
Village Green
Registration
1. A copy of the document imposing the right of
way/ reserving rights for which cover is sought
or such details as available e.g. office copy
entries.
2. Background information on the following:
2. Background information on the following:
a) Is the land fenced in and have the rights
been physically incapable of being
exercised for a period of at least the last 12
months?
b) Has there been any attempt to indentify
and/or contact the persons(s) thought to
have the benefit of the rights?
1. A Plan identifying the land to be developed.
a) A history of the site and its previous uses.
b) Evidence to rebut grounds for an
application to register the land as village
green by reference to the criteria in section
15 Commons Act 2006, e.g. any fencing or
signage around the site; details of the
current use by the legal owner permitting
use of the land.
c) Photographs of the land detailing current
state and boundaries.
Adverse Possession
1. A plan indentifying the land claimed by adverse
possession.
2. A draft statutory declaration or other evidence
supporting the claim for adverse possession of
the land.
8
Judicial Review
1. Copy of the planning permission and if granted
on appeal, any associated reports / decisions.
2. Minutes of the Planning Committee meeting or
any public consultation.
3. Copy of any objection letters lodged at the
planning stage.
4. A copy of any special agreements entered into by
the developers to get the local Authority’s
permission.
5. Details of any proprietary other interest that the
Local Authority have in the site.
6. Does the site include a listed building or is it in a
conservation area?
Rights of Light
7. Has an Environmental Impact Assessment report
been prepared? If so please supply copy or if
not, a letter from the Local Authority confirming
why such a report was not required.
1. A copy of the deed reserving the rights of light
or such details as are available e.g. office copy
entries (if applicable).
8. Copy of the development plans.
2. Plans and elevations of the proposed
development.
9. Confirmation of the acquisition and development
value of the site.
10. Confirmation that neither the proposer nor the
Planning Authority is aware of any matters /
objection which would give rise to the
application for judicial review.
3. Photographs of the surrounding properties and
any building currently constructed on the land.
4. Rights of light survey.
11. A breakdown of the acquisition / development
costs that are likely to be incurred.
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About Thomas Carroll
Established in 1972, Thomas, Carroll (Brokers) Ltd is a top 50 UK broker, acting
for over 5,000 lawyers, property owners, investors, developers and commercial
businesses.
Our main commercial Property Select scheme has been operating for over 14
years and protects property with an asset value of over £1.5bn.
The Group employs over 12p0 Staff at our Headquarters overlooking Caerphilly
Castle and our branches in Swansea, Haverfordwest and Hereford and we were
founder members of the British Insurance Brokers Association.
Our business is entirely independent with a strong succession plan ensuring we
remain a fully independent business, with no insurer stakeholder or Venture
Capitalist investment cutting across best advice to our clients
We are one of only 3 Chartered Insurance Brokers in Wales
We are a Gold Standard Investor In People organisation.
Our services extend to risk identification and analysis and through Thomas,
Carroll Management Services we have a dedicated 18001 accredited Health &
Safety support team
Thomas Carroll Financial Advisers have been awarded the UK Chartered
Financial Planners of 2009 by the Personal Finance Society.
We enjoy an award winning national reputation for delivery of quality local
services. We are three times winners of the Insurance Age UK Insurance Broker
of the Year.
As members of UNITAS, an alliance of Independent Brokers in the UK, we place
in excess of £1bn premium into the UK Insurance Market, giving us board level
access to all major insurers and considerable market leverage.
10
Our Chartered Status
A Chartered Title is a commitment to excellence and professionalism
Thomas, Carroll (Brokers) Ltd are proud to have been awarded the prestigious title of Chartered Insurance
Brokers by the Chartered Insurance Institute. This title is only awarded to firms with a commitment to
developing and maintaining the knowledge and capability of their people. It also signifies adherence to a
demanding code of ethical practice.
The Advantages of Working with a Chartered Insurance Broker
Chartered status brings with it serious obligations. We are required to ensure that the advice, service and
ongoing advice we give to you:
is of the highest quality
is based solely on your researched needs
is provided by someone operating within their level of competency
Our Commitment to You
We commit to the technical and professional development of staff, for example through professional
qualifications
All staff who deal with customers belong to the Chartered Insurance Institute and adhere to its Code
of Ethics
We adhere to the Chartered Insurance Institutes professional development requirements and
ensure that our staff keep their knowledge and skill sets up to date
We endeavour to establish strong, enjoyable and professional working relationships with clients and
connections
We embrace the working culture of clients, ensuring that our services are geared to help them
meet their internal and external objectives
11
How to arrange cover
On line
www.thomascarroll.co.uk/legal-indemnity/
Contact our Experts
Gareth Cotty ACII
Director
029 2085 5240
07887 944 772
gareth.cotty@thomas-carrol.co.uk
Louise Jones LLB (Hons) Dip CII
Development Executive
029 2085 8602
07896 648 866
louise.jones@thomas-carroll.co.uk
Cerith Bevan LLB (Hons) Cert CII
Development Broker
029 2085 3763
cerith.bevan@thomas-carroll.co.uk
By Post
Pendragon House
Crescent Road
Caerphilly
CF83 1XX
Elm House
Tawe Business Village
Enterprise Park
Swansea
SA7 9LA
17 Victoria Place
Haverfordwest
Pembrokeshire
SA61 2JX
Broadway House
32-35 Broad Street
Hereford
HR4 9AU
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