Claim Case Study: Access Actual loss Background
Solution
The insured purchased a property which comprised a caravan park and adjoining agricultural lands. The agricultural lands were accessed via a private track, owned by a neighbour. The agricultural lands did not benefit from an express legal right of way over the track, and so the purchase transaction was supported by a title insurance policy to protect the purchaser in the event that access was prevented by the owner of the track.
First Title investigated the historic use of the track (the costs of which were met by the policy). Unfortunately, there was little evidence to support a claim for a prescriptive right of way. Notwithstanding this, First Title wrote to the insured’s neighbour requesting that they remove the obstructions. Regrettably, this request was refused, and subsequent attempts to contact the neighbour failed.
Challenge The insured’s neighbour subsequently prevented the insured from accessing their agricultural lands by placing large boulders on the track and erecting a fence and gate in an awkward position. This obstruction affected the insured’s business as the only other way to access and work the agricultural lands (with farming vehicles and machinery) was via the middle of the caravan park, where customers were holidaying.
Additionally, (with the assistance of a chartered surveyor), First Title investigated whether there were any viable alternative access routes to the agricultural lands but unfortunately, in this instance, there were not. As the agricultural lands could no longer be accessed, First Title instructed the chartered surveyor to inspect the agricultural lands and determine the insured’s actual loss, as defined within the policy. Accordingly, First Title fully indemnified the insured by paying them their actual loss in full and final settlement of their claim against 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 957-0219