Commercial Legal Indemnity & Title Insurance

Commercial Legal Indemnity

Mitigating legal risks in commercial property sales, facilitating swift and smooth transactions 

Legal risks identified during the due diligence of a commercial property transaction can cause delays, often leading to frustration for all parties involved. DUAL Asset can provide insurance solutions for both known and unknown risks associated with property title use and ownership, protecting the insured from risk and allowing transactions to continue quickly and with certainty.

Legal indemnity and title insurance encompasses a broad range of legal risks, which may affect a property or land. Ranging from minor technical issues to active litigation, these defects can substantially influence the property's value and, in more extreme cases, may result in the loss of the entire asset. Whilst some defects could be resolved through legal processes, this is often uncertain, and the associated time and cost implications could lead to delays or even termination of a transaction.

Insurance can be used as a quick and cost effective solution, protecting and indemnifying owners, developers and funders against potential financial losses arising from title defects. It can offer certainty to land value, development cost and business income. It can also be used to provide lenders and investors with security over their loan, protecting their funds against financial loss from either identified risks or unforeseen defects.


Specific risk insurance - protecting against a known defect

Specific risk insurance can be a quick solution when a defect has been identified during due diligence and the risk needs to be mitigated against.

Most specific risk policies provide cover in perpetuity and for any onward purchasers, lessees, mortgagees and their successors.

Some common risks include:

  • Restrictive convents/title conditions
  • Lack of easements/servitudes
  • Mines and mineral
  • Third party rights
  • Missing documents
  • Planning, s106 or zoning issues
  • Lease issues
  • Judicial review
  • Chancel repair

 

All risk insurance - complete peace of mind against future unknowns

All risk insurance can be used where there is no specific defect, but the cover can protect against a number of unknown risks. This can arise where full due diligence has not been carried out, or the seller is unable or unwilling to stand behind the warranties given at exchange/completion (often administrators/receivers or a fund winding up.

All risk policies wrap around the current transaction and protect the owner for as long as they own the property. In some cases, this can be extended to an onward purchaser where assets will be quickly flipped on.

Examples of insured events include:

  • Ownership (third parties demonstrating better title)
  • Unknown covenants, restrictions, rights, easements or servitudes
  • Undisclosed charges, loans or liens
  • Boundary disputes
  • Fraud
  • Forgery
  • Seller misrepresentation
  • Documents that were not registered against the title or otherwise undiscoverable
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Obtain commercial continued use risks online up to £25m

Access up to 3 quotes from different insurers within 1 portal Choose from over 30 UK commercial risks

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Get in touch with the team

Ross

Ross Nicol
Head of England & Wales Commercial
Photo of Ross  Nicol

Ross Nicol

Head of England & Wales Commercial, Legal Indemnity & Title Insurance

Email: [email protected]
Mob: +44 7729 083079

Trevor

Trevor Barnett
Head of UK Business Development
Photo of Trevor  Barnett

Trevor Barnett

Head of UK Business Development

Email: [email protected]
Mob: +44 (0)783 417 8982