Claim Case Study: Easements Right to park Background
Solution
The insured had purchased a residential flat with which she had been allocated a car parking space. However, the details of the actual parking space had not been included on the Land Certificate. Once the insured had moved in and started to utilise the parking space, she received a letter from the original developers of the property asking her to remove her car from the parking space and stating that no such space was allocated to her flat. The development had been acquired from a mortgagee-in-possession. However, the mortgagee had neglected to re-possess the parking space, which remained vested in the name of the original developer. The previous owners of the flat had used the parking space for two and a half years without any objection. The space was not registered to a third party and there were no alternative spaces available from the new developer.
Having purchased a Known Risk Policy, the insured subsequently raised a claim. Initially, First Title assisted in corresponding with the developer to determine whether any alternative parking spaces were available. They responded indicating that a space could be purchased. In order to find a swift solution for the insured, First Title agreed to meet all costs associated with the purchase of this parking space in addition to paying all of the insured’s legal costs.
Challenge Aside from the obvious restriction in use, the insured was also faced with a diminution in value of her property.
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.
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