Claim Case Study Scotland: Access Varied right of access Background
Challenge
The insured’s property had the benefit of a right of access over neighbouring land. This right, however, only existed for two dwellings.
First Title arranged for the insured’s solicitor to correspond with the neighbour’s solicitor, who responded with a without-prejudice offer to vary the right of access to allow the development of six houses in return for a financial settlement.
The property was also burdened by title conditions, limiting development of the property to two dwellings, and the policy also provided cover in this respect. The insured was granted planning permission to develop a total of six dwellings at the property and obtained a title insurance policy to provide cover for access rights for all six. When the insured began work on the development of the site he was contacted by a solicitor acting for the owner of neighbouring land, who owned the access way used by the property. He raised a number of queries regarding the proposed development, including the use of the access road for six properties rather than two. The insured duly notified us of a potential claim against the policy.
First Title obtained a report from a chartered surveyor, who advised that based upon the valuation of the insured’s property, the financial offer proposed to vary the servitude represented good value.
Solution First Title agreed to the insured entering into a financial settlement with their neighbour, the cost of which was met under the terms of the policy. In addition, First Title paid all legal costs incurred by the insured’s solicitor in drafting, agreeing and registering the revised deed of servitude.
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