Product Focus Scotland: Access Background
Solution
Our insured was purchasing a residential property in a rural location, which was accessed via a private road.
Cover provided on the condition that:
• The access had been used by the same family who had owned the property for many years. • Investigations had not disclosed a legal title owner to the access in question and the access was unregistered. • The solicitors were unable to seek a guarantee from the Keeper that an application to register servitude rights in the Registers of Scotland would be successful.
Challenge The legal title owner of the access in question could prevent use of the access to and from the property by the insured.
• No contact had been made with a third party in relation to the access risk. • An Affidavit was provided confirming the period of use of the access and that use has been open, continuous and without judicial interruption or challenge. • No registered legal title owners of the access route could be found. • There was no intention to register an application for registration of the servitude interest in the Registers of Scotland. • No other party required to use the access route and the property is in a rural location. For further information on how First Title can assist you with its range of specialist cover and policies, please contact directly using the details below.
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.
Leading Title Insurance 1165-0219-Scot