The insured’s title does not extend to the mines and minerals beneath the property. The owner of the mines and minerals, or another party holding rights relating to the mines and minerals may assert their ownership of the mines and minerals, or their right to access and work them, or that the insured has trespassed, causing a financial loss to the insured.

The insured’s title does not contain a clear express legal right in respect of the access to, and/or services, serving the insured’s property. The owner of the land on which the access and services are situated may attempt to prevent the insured from using the access and/or services affecting their use of the Property, causing a financial loss to the insured.

The insured’s title is, or may be, subject to a restrictive covenant which has been breached or is going to be breached. A restrictive covenant imposes a duty on the landowner not to do something, such as not to build on the property, or not use the property otherwise than for a specific use. Another land owner may claim that they have the benefit of the covenant and try to enforce the covenant, causing a financial loss to the insured.

The insured’s title may be subject to manorial rights, which include rights to mine, hunt, fish and shoot on the land. A third party may attempt to exercise manorial rights over the insured’s land affecting their use and enjoyment of the land, causing a financial loss to the insured.

The title to the property is subject to pre-emption rights which may continue to subsist and be enforceable. A third party with the benefit of the rights may be entitled to ask the Court to set aside the transaction or may be entitled to damages and compensation for the breach of their rights, causing a financial loss to the insured.

The insured’s development may infringe a right to light enjoyed by a neighbouring property. In the event of an attempt by the owner of the neighbouring property seeking to enforce the infringement of their right to light, the insured may be prevented from carrying out their development, may be forced to remove an offending structure, or may have to compensate the owner of the neighbouring property. In each instance, this would cause a financial loss to the insured.

The insured’s title is subject to a rent charge. A third party may claim ownership of and right to enforce a rent charge where no payments have been made in relation to such charge or where there has been a breach of the terms of the deed containing the rent charge. In the event of such action, the insured may suffer a financial loss.