Claim Case Study: Northern Ireland Title issue Turbary rights Background The insured was developing a wind farm consisting of three large turbines on a large 100 acre site situated in Northern Ireland. The insured’s land was burdened by turbary rights, a right to cut peat for fuel, which had been created in a 1906 conveyance. The policy was obtained to protect the insured against a third party asserting these rights. Once construction of the wind turbines commenced, the insured was contacted by a firm of solicitors acting for the owners of nearby land, alleging that they had the benefit of a turbary right over the land, and that the insured development and excavations were an unlawful interference with this right.
Challenge The insured advised that the development had to be completed by Spring 2017 to qualify for subsidies, otherwise it would be economically unviable. Additionally, the timetable for the insured’s development left very little slip-time.
It was considered that, on the basis of the documents that had been disclosed, it was possible the nearby landowners had the benefit of the turbary right although it was not certain. However, it was believed that it would be difficult for the nearby landowners to enforce such rights.
Solution First Title instructed the insured to continue their construction of the wind turbines. The nearby landowners subsequently issued an application for an interim injunction. First Title defended the proceedings, and the injunction was successfully refused by the court. The nearby landowners never made an application for a final injunction. The insured continued with the construction of the wind turbines without further objection. The insured was very happy with the quick resolution and handling of this claim and the legal representation, which was all paid under the terms of the policy.
Call: +44 (0)141 413 8800 Email: scotinfo@firsttitle.co.uk Visit: www.firsttitle.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.
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