Legal Indemnity Insurance

Whether you're dealing with a routine property transaction or encounter a problem that threatens to hold up a sale or a development, you need it solved quickly and in the most cost-effective way.

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Legal Indemnity Insurance protects those with financial interest in a property, such as owners, developers and lenders, from a wide range of title defects and other associated risks.

Whether an issue cannot be resolved or doing so would present an ongoing risk and likely result in financial loss, obtaining Indemnity Insurance is a means of mitigating risk.

With cover available for properties ranging from a single residential transaction to large scale development, Indemnity Insurance can be obtained for peace of mind, to cap the client’s exposure or simply save time.

Indemnity risks can arise at any stage in a property’s life cycle which can, in turn, hold up a sale or a development. As a result, you need a resolution to be reached quickly and in a cost-effective way. That’s where we come in.

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Specialist guidance

Our specialists have been placing legal indemnity insurances for over 25 years. As an independent broker, we have access to more than 10 insurance markets. We can accommodate even the largest contracts with limits available in excess of £1bn.

As well as the standard range of covers, we can assist with more bespoke solutions such as Rights of Light, agreed conduct, dispute risk, wills and probate, and other risks.

We collate the information you have provided and present the identified risks to the market on your behalf. When we hear back from the insurers, we then compare the terms offered and provide our recommendations and reasoning on which is the most appropriate for the client. Not only do we take into consideration the competitiveness of premium but also the specific differences within the terms (such as any conditions, exclusions, etc.). The success of this process is supported by our long-standing relationships with these markets.

Available covers

Here are just some of the covers we can offer. As well as the standard range, we can assist with more bespoke solutions such as agreed conduct, pre-planning and dispute risks.

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Adverse possession

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Absence of easement

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Chancel repair

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Contaminated land

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Defective lease

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Forfeiture of lease

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Judicial review

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Manorial rights

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Mineral rights

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Missing or illegible documents

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Planning and building regulations risks

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Restrictive covenants

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Rights of Light

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Title wrappers for portfolio sales

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Wills and probate

So what is covered?

Standard Heads of Loss

  • Diminution in market value
  • Legal costs
  • Costs of a settlement
  • Costs of alteration, demolition and reinstatement
  • Damages or compensation awarded
  • Abortive costs of works if development
  • Other costs and expenses incurred with the insurer’s consent

Additional losses

  • Delay costs (including interest charges and contract penalties)
  • Business interruption:
    • Loss of profit
    • Loss of rent receivable
    • Rent payable
    • Alternative Accommodation
    • Re-location costs and expenses (including staffing costs)

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Frequently asked questions

How long will the underwriting process take?

Simple transactions can be completed quickly, while more complex risks may take 24 to 48 hours. We will always aim to respond to your query on the same day.

What information do you require for a legal indemnity quotation?

Our legal indemnities guide outlines the information required. 

We will require you to complete a proposal form for more complex risks, such as right of light, missing beneficiary or lost share certificates.

Can a legal indemnity policy be protected from inflation?


Many underwriters add an 'escalator clause'. This raises the indemnity limit by an agreed percentage over an agreed number of years. Contact us to learn more.

If my client is a successor in title, how do I ensure the policy is adequate?

A copy of the original submission is normally available from the underwriters. They will consider any cover changes or amendments on request. Contact us to learn more.

What is an adequate limit of indemnity?

There is no set formula for calculating the limit of indemnity.

However, most lenders will require a sum equal to that of the purchase price of the property or full development value. If you wish to obtain varied limits for due consideration, we would be happy to accommodate this request.

Why Clear?

Industry-recognised for being people-first, our team of specialists supports start-ups, SMEs, corporates, multinationals and individuals.

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