CILEX CPQ P4 Residential Conveyancing Practice Questions - CILEX CPQ Professional Stage P4 Residential Conveyancing Law And Practice Exam

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During investigation of a registered title, the buyer's conveyancer discovers an un-rectified title defect: a missing deed of grant for a drainage pipe serving the property across neighbouring land. The seller offers a legal indemnity insurance policy. What is a crucial condition regarding the buyer's conduct when taking out title indemnity insurance?

The buyer or conveyancer must not approach the neighbouring landowner or HM Land Registry regarding the defect prior to policy inception. The buyer must first apply to HM Land Registry to rectify the title before applying for the policy. The conveyancer must obtain written permission from the local planning authority before ordering the policy. The policy will only be valid if the neighbour signs a waiver agreement after policy inception.

Correct Answer:

The buyer or conveyancer must not approach the neighbouring landowner or HM Land Registry regarding the defect prior to policy inception.

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