An Absence of Easement Indemnity policy (also known as an Access Indemnity policy) is designed to provide peace of mind to property owners and developers.
An easement is a type of right that one person has over the land of another.
An absence of easement indemnity policy may come into play where there's no (legal) right-of-way to gain access to a property (by vehicle or on foot), and no (legal) right to use the services running through or over someone else's land.
This covers the financial cost of defending the continued use of existing access-ways (on foot and by car) and existing services that have been in use for the past 12 months without complaint or consent from the existing owner, providing they have been used regularly.
If you have crossed an unregistered patch of land, such as a verge, to access your property, continuously for the last 12 months, you may want to take out an absence of easements indemnity policy. It is designed to help you defend your right to access the land, should access become restricted, by covering your legal costs.
Please note: we do not cover positive covenants (which require you to do something as opposed to not do something) or which involves paying money to have something done, for instance erecting and maintaining a fence.
Who needs an Absence of Easement Indemnity Policy?
If you are buying or selling a property and currently gain access via unregistered land, your conveyancing solicitor may recommend taking out an indemnity policy to protect continued use.
This is particularly important for property developers who intend to construct a number of properties.
In both cases, the insurance will ensure that you can take legal action to defend your right to access.
Remember: it covers access and/or services that have been in use for at least 12 months.
How much does an Absence of Easement policy cost?
The cost of an Access and/or Services policy varies with each property. Insurers need to know if the land accessing the property is unregistered as well as reviewing the title documents to your property and surrounding properties.
We are happy to seek an Absence of Easement Indemnity policy quote for your property or development.