Lexsure e-ROT

Contaminated Land · Report on Title scenario

A contaminated land indemnity policy is being provided

It insures one specific event: that an enforcing authority serves — or gives notice that it intends to serve — a remediation notice because the property is identified as contaminated land under the statutory regime. It is not a clean bill of health for the ground, it does not cover contamination you cause yourself, and the exclusions are where the substance of it lives.

From the e-ROT archive

This scenario is drawn from Report on Title material dealing with this specific circumstance.

Lexsure master Report on Title paragraph: Contaminated Land Indemnity Policy - Seller to bear cost · See the wording

Why the lender was asked before you were

Because a lender's valuation can be affected by an adverse environmental result, and the lender's position determines whether the transaction proceeds at all. A conveyancer facing this result refers it to the lender and asks what it needs.

The answer in the Lexsure wording below is instructive: the lender was content provided the indemnity policy gave it adequate cover for its security, and provided buildings insurance could still be arranged on normal terms, without exclusions or a punitive excess, by an insurer who had seen the environmental report.

That second condition is the one to check yourself. Tell your prospective buildings insurer what the environmental search found, and get the quote on that basis.

Already bought, and a contamination issue has arisen?

If the policy does not answer, or there was never one, what was reported to you about the environmental search during the purchase is where the question starts.

Find out what should have been explained → WhenIBought.com

What the policy covers, precisely

Financial loss arising from the enforcing authority's action under the statutory contaminated land regime. The trigger is formal — a remediation notice, or notice of intent to serve one — rather than the discovery of something unpleasant in the soil.

Contamination you cause yourself is excluded, and so is anything outside the insured use of the property. A policy issued for a dwelling is a policy for a dwelling.

Cover typically runs for a long but finite period for owners, and for the term of the mortgage for the lender. It passes to later owners, which is what makes it useful on a resale.

The parts people do not read, and should

<b>The Statements of Fact.</b> The policy is issued on the basis that they are true. If they are wrong, the insurer may not pay. Here, the seller was asked to confirm them and did — and that confirmation is part of what you are relying on.

<b>The Additional Conditions and Additional Uninsured Matters.</b> On this kind of policy the standard loss wording is commonly replaced, and the replacement defines what is actually covered. The uninsured matters list defines what is not.

<b>The policy amount.</b> You may be asked to increase cover if you later sell at a higher price. Whether that is necessary depends on the policy's own wording, which is a reason to keep the certificate somewhere you can find it.

The Lexsure wording ends by saying that its own summary is not exhaustive and does not remove the need to read the policy in full. That is the right advice and it is worth taking.

What your lender does with an adverse environmental result

An adverse contaminated land result is referred to the lender, and the lender decides what it needs before it will proceed. The common outcome is that an indemnity policy satisfies it, provided the cover protects the lender's security and ordinary buildings insurance remains available.

That is not automatic, and lenders differ on the cover they require, on how they treat results relating to neighbouring land, and on whether a policy is enough on its own.

The Lexsure Lender Archive holds the current and historic answers lender by lender.

Research lender requirements → Lexsure Lender Archive

From the e-ROT archive

Report on Title paragraph

Contaminated Land Indemnity Policy - Seller to bear cost

Master precedent Lexsure e-ROTScope Policy at seller's expenseWord count 93Status Current master paragraph

We will obtain on completion (at the Seller's expense by way of an allowance from the Purchase Price) the enclosed Contaminated Land indemnity policy to indemnify you and any future Purchaser against the risk (in our view, unlikely) that a relevant enforcing authority issues a notice of intent to serve or serves a remediation notice on you as the Property (or part) is identified as contaminated land pursuant to Part IIA of the Environmental Protection Act 1990 arising from historical land contamination (which excludes any contamination caused by you and/or the Insured Use). …

Master precedent wording. This is current Lexsure Report on Title material, shown here in extract and reproduced exactly. It describes one policy on one transaction; the terms of any policy offered to you are the terms of that policy. It is not advice about any particular property.

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