To protect buyers and lenders of real estate against potential breaches of legislative requirements that may not be immediately identifiable during the property purchase process.

These breaches could include zoning law violations, non-compliance with building codes, and unrecorded easements or liens that could significantly impact property ownership.

Without title insurance, a buyer or lender might face unexpected legal challenges or financial liabilities that would arise from these breaches, potentially resulting in costly litigation or remediation.

To protect buyers and lenders of real estate against breach of pre-emption rights. A breach of pre-emption rights occurs when a property is sold to a third party without giving the pre-emption right holder the first opportunity to purchase it.

This breach can lead to complex legal disputes, as the pre-emption right holder may seek to enforce their rights or claim damages. Title insurance, in such scenarios, offers protection to the buyer and lender against potential claims arising from this breach.

To protect buyers and lenders of real estate against corporate defects.

A corporate defect refers to an issue in the chain of ownership or the legal standing of a company that may affect the validity of a key transactional document which, in turn, may then affect the title to the property.

Title insurance can be used to protect against corporate defects arising from improperly executed documents, undisclosed liens, fraudulent or forged deeds, and errors in public records.

To protect buyers and lenders of real estate against encroachments onto third-party land.

This risk occurs when a structure or extension intrudes onto a neighbouring property without legal permission, potentially leading to disputes and financial liabilities.

When purchasing property, buyers often rely on title insurance to safeguard against unforeseen legal claims and to ensure a clear title, free from encroachments that could affect property boundaries or usage rights.

To protect buyers and lenders of real estate from claims arising from defects in a lease.

Such defects may include missing information or plans, defective rent review provisions, inaccurate descriptions or validity issues relating to the form of the lease.

Title insurance in these scenarios provides buyers and lenders peace of mind that they are shielded from unforeseen circumstances which could impact the value of the investment.

To protect buyers and lenders of real estate against the lack of a public tender process or a public tender process which may be subject to challenge.

Public tenders are meant to ensure transparency, fairness, and competitiveness in the acquisition of properties or services by government entities or large corporations.  When these processes are circumvented or improperly conducted, it can lead to legal and ethical issues, potentially compromising the legitimacy of property ownership.

Title insurance becomes crucial in such scenarios, as it protects buyers and lenders against defects or disputes arising from a breach of process.

To protect buyers and lenders of real estate against missing title documentation such as a conveyance or mortgage.

In respect of this risk, title insurance serves as a protective measure against financial loss arising from unknown covenants, easements, defects, liens, or disputes over property ownership that may not be evident due to incomplete or missing documentation.

To protect buyers and lenders of real estate against potential legal issues related to land use and development.

Planning and permitting risks arise when there are discrepancies, omissions, or violations in the permits and approvals required for construction or renovation projects.

Such issues may include zoning violations, unpermitted structures, or non-compliance with municipal codes, which could lead to costly legal disputes or even mandates to alter or remove existing structures. Title insurance provides a safety net by covering unresolved planning or permitting issues and offering coverage against potential claims.

To protect buyers and lenders of real estate against a registration gap.

A registration gap is a period between the closing of a property sale and the official recording of the deed or mortgage in public records.

During this period of time, the buyer and lender may be exposed to potential risks, such as liens or claims against the property that arise before the deed is officially recorded but after the closing.

During this period title insurance ensures that buyers have legal ownership free from encumbrances, and are safeguarded against financial loss due to issues that may compromise the property’s title.

To protect buyers and lenders of real estate against restitution claims.

Restitution claims involving real estate arise when a property’s title is disputed or when a previous owner seeks to reclaim their interest due to fraudulent or improper transactions.

Title insurance ensures that the buyer and lender have clear and marketable title to the property, free from past disputes or defects.

It also covers the costs associated with defending against restitution claims, including legal fees and any financial losses incurred.

To primarily protect developers of land from disputes and claims arising due to infringement of rights to light enjoyed by neighbouring properties through defined apertures such as windows.

Title insurance provides a developer comfort that compensation budgets in a surveyor’s rights to light report will be capped through an excess model and protection in the event that there is delay caused by a dispute or the threat of an injunction.

We can assist by providing extra capacity in the event that a primary layer of insurance cover is not sufficient to cover the gross developed value of the land.

To protect buyers and lenders of real estate against rights that a third party may have over the property.

Third party rights include liens, encumbrances, or easements that may not have been disclosed during the initial title search.

For instance, a contractor may have a lien for unpaid work or a third party may have a right of way over the land.  Title insurance mitigates the risk of a third party coming forward and exercising or enforcing rights over the property.