• Indemnity Insurance 5

    By Guest on 07th Jan 2015

    I have obtained tite to some land thru Adverse Possession. I am told I cannot have Indemnity Insurance because I did not pay anything for it and, therefore, have nothing to lose However I am told that my executor would need such insurance to sell the land, which is now part of my garden, to complete the sale. The land has, and is, costing me money to fence in properly and convert to garden. In the unlikely event of the worst case scenario occurring, can I not have a policy covering my "expenses"?

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    By Guest on 07/01/2015

    If you have been registered at Land Registry as owner of the property with possessory title then the land cannot be taken away from you even if the paper title owner is able to produce deeds showing that he or she would, but for your adverse possession, have been entitled to the land. The purpose of indemnity insurance in these circumstances is to compensate you for any loss you might suffer as a result of any adverse interest which affects the such as a right of way, covenant or even a financial charge as these are all potentially still valid if they exist. So if, in reliance on you having title to the land you expend money which you then lose because, say, you do something in breach of a covenant or you obstruct a right of way, you should be able to insure against the loss. If you are not registered as the owner then you have no interest in the land, only a potential interest, therefore you have nothing to insure.

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