Introduction to Restrictive Covenants, managing risk and investigating benefiting land

In partnership with

Ask a Question

This video explains how restrictive covenants can stymie the use of property and how this risk can be managed with Legal Indemnity Insurance.

In addition, we will be looking at some claims examples and explain how DUAL Asset dealt with them, demonstrating how such insurance works in practice.

Throughout the second half of this video we analyse the historic division of a parcel of land, and determine which individuals have the ability to enforce restrictive covenants against one another.

In particular, where the extent of the benefiting/dominant land is not immediately obvious from a reading of the relevant title deeds and documents, is it possible to determine the relevant area by looking at surrounding circumstances?

By the end of this video, we hope you have:

  • a clear understanding of when you can utilise Legal Indemnity Insurance as a risk management tool, to ensure that the end user can purchase or invest with peace of mind; and
  • a greater understanding of how large parcels of land can be divided up, looking substantially different, if not unrecognisable, yet still be riddled with legally enforceable restrictive covenants.

Have a question? If you have any comments or feedback around this content, please get in touch.

Learning objectives:

    • How to use legal indemnity insurance as a risk management tool
    • Where the need has been identified
    • What a third party can do to bring about a claim
    • What are the potential costs when a claim is received?
    • How a large parcel of land is historically broken up over time
    • The importance of understanding how and why land is sold and restrictive covenants applied
    • Paying attention to which owners of land have the legal ability to enforce restrictive covenants
    • Understanding when legal indemnity insurance can be used as a tool to facilitate selling and purchasing land.



Your CPD Certificate can be found in your Account.

Wesley Timothy

Senior Underwriter • DUAL Asset

Wesley began underwriting legal indemnity products in February 2007; having originated from the water and drainage industry Wes has a keen interest in sewers and water pipes!

View Full Profile

Have a question?

Recommended for you

My Legal Indemnity Shop for Commercial Property Practitioners
Commercial Property
In partnership with DUAL Asset
My Legal Indemnity Shop for Residential Conveyancers
Residential Conveyancing
In partnership with DUAL Asset
The Insurance Distribution Directive
Regulation and Compliance
In partnership with DUAL Asset
Commercial Legal Indemnity comparison site
Commercial Property
In partnership with DUAL Asset
LawSure Insurance
Residential Conveyancing

In partnership with

Sign up - get notified first of new content releases

Social Channels

© 2024 All rights reserved For Media Group Registered in England No. 13063455 VAT Registration Number GB367031995