Product Focus: Lack of Right to Overhang / Undersail
Background •
Who is the insured?
The purchaser.
•
What is the land?
Offices with associated ancillary uses allowing for internal and external alterations.
•
Did the insured have planning?
No. •
What is the issue that brought the insured’s law firm to us for an insurance solution?
Lack of a right of overhang and lack of a right to undersail.
The insured is the purchaser of the land. Cover was required on a continued use basis with allowance for internal and external alterations on the basis that such alterations did not impact on the overhang or undersail structures.
Challenge It is an offence to overhang or undersail adopted highway without the requisite licence from the Highways Authority being in place. Failure to obtain the appropriate licence could result in the Highways Authority taking enforcement action against the insured which could result in, amongst others: • Demolition: The ultimate sanction following a breach of the requirement to obtain an appropriate licence, should the Highway Authority not be prepared to grant a retrospective licence, is the right to force the landowner to demolish or otherwise alter the building. • Criminal offence: Constructing a building which overhangs or undersails any part of a public highway without obtaining the relevant licence is a criminal offence, which is usually punishable by a fine.
Solution Following a full analysis, First Title was able to underwrite the risk and provide a policy to the insured, ensuring they would be indemnified in the event of a claim.
Call: +44 (0)207 160 8100 Email: info@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 1204-0219