Conveyancing .. the legal process for buying, selling, and remortgaging properties

A defective property title means there’s a problem with the legal ownership or rights to a property. These defects can cause legal or financial issues for the owner, and sometimes they only come to light after a sale.

Common title defects include:

  • Errors in legal documents (e.g., mistakes in the deed)
  • Unknown liens or debts attached to the property
  • Undisclosed heirs or ownership disputes
  • Boundary disputes with neighbors
  • Easements or restrictions not properly recorded
  • Fraud or forgery in past transactions

Indemnity Insurance for a Defective Title

Indemnity insurance is a type of policy that protects the buyer (and/or mortgage lender) from financial loss if a defect in the title causes problems in the future.
It doesn’t “fix” the defect but covers the cost of claims, legal fees, or compensation if the defect leads to a dispute.

For example:

  • If a previous owner built an extension without planning permission and the council later takes action, indemnity insurance could cover the legal costs and fines.
  • If someone claims they have a legal right over part of your property (like a right of way), the insurance could cover settlement or court costs.

Key points about indemnity insurance:

  • Usually bought during conveyancing before completion.
  • Often a one-off payment that lasts indefinitely.
  • Typically required by mortgage lenders if they spot a defect.
  • Doesn’t cover future issues you create yourself — only pre-existing defects.

If you’d like, I can give you a simple flowchart showing when defective title indemnity insurance is needed during a property purchase.
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This website is owned by and forms a part of the business conducted by Value Conveyancer Ltd, company registration number 09221971. We are partnered with LPL (a trading name of Read Roper & Read Solicitors) who have been awarded the Law Society's Conveyancing Quality Scheme accreditation. More information can be found here.