Title indemnity insurance – real estate litigation

Our real estate litigation team has particular expertise within the insurance sector.

Our real estate litigation team has particular expertise within the insurance sector. We have unrivalled experience in the field, acting for one of the largest title indemnity providers in the UK.   

As one of the top tier real estate disputes practices ranked in both Chambers and Legal 500, our national team can help you with any insurance related property issue.  

The team has specialist knowledge in the context of easements, restrictive covenants, boundary issues, nuisance, possession, trespass, landlord and tenant, and adverse possession.  

We are regularly instructed under title indemnity insurance policies, either on a sole or joint retainer. 

Our experience

Our experience include:

  • Applying to the Upper Tribunal under section 84 of the Law of Property Act 1925 to modify restrictive covenants in order to permit development. 

  • Securing a prescriptive right of way in High Court proceedings to enable the insured landowner to access his land. 

  • Securing a right of way for a multi-national supermarket operator for the development of a new store.  The result meant that no compensation was due under the title indemnity policy.   

  • Acting for a care home operator in respect of an alleged breach of restrictive covenant.  We advised on the interpretation and enforceability of the restrictive covenant to enable the care home to operate.  

  • Identifying a public right of way over a commercial site in order to allow development of land which was otherwise landlocked, avoiding a substantial compensation payment under the title indemnity policy. 

We adopt innovative fee structures and frameworks, and we have a dedicated team who specialise in title indemnity work. 

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