Claim Case Study: Services issue
Background The insured owned a property in a semi-rural location and given that it was some distance from the main sewer network, the drainage operated by way of a typical septic tank system, which drained onto adjoining land. When purchasing the property the solicitor acting proposed a title insurance policy to protect the new owner in the event that their land did not have a legal right to drainage and / or water supply over this adjoining land.
Challenge The adjacent landowner subsequently placed a cap on the drainage pipe in order to prevent the septic tank draining onto his land as he believed it was causing pollution. This capping caused the tank to backfill and the insured subsequently raised a claim with First Title under the title insurance policy. Upon further investigation the owner of the adjoining land had exaggerated the effect the septic tank soakaway was having on his land and in fact wanted it removed to secure his own development of the land.
The Environment Agency wrote to the neighbour advising that the capping of the pipe was illegal as a result of which he removed it immediately. A specialist drainage contractor was instructed by First Title to investigate the feasibility of connecting the existing septic tank to a new field for drainage.
Solution First Title examined various options, the costs of which were paid under the terms of the policy. First Title then corresponded with various other neighbours and reached an agreement with one of them to re-route the soakaway pipe to their pipe for a fee of ÂŁ5,000. While these negotiations were taking place First Title made payment under the policy for emptying the septic tank several times to prevent the need to access the existing soakaway. A Deed of Easement was drafted and agreed by all parties. The fee for the Deed of Easement and all other associated legal expenses were covered by the policy.
Call: +44 (0)207 160 8218 Email: online@firsttitle.co.uk Visit: www.firsttitleresidential.co.uk First Title Insurance plc is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. First Title Insurance plc is registered in England under company number 01112603. Registered office: First Title Insurance plc, ECA Court, 24-26 South Park, Sevenoaks, Kent TN13 1DU.
Leading Title Insurance 1065-0219