Building Insurance/legal expenses cover

dazza-mac

Hi,

I'd like to know what 'legal expenses cover' actually means and what it covers.

I'm looking for Building Insurance only and am anticipating a potential dispute with my neighbour who has his shed on the corner of the access path to my garden - making it impossible for me to stay on the access path and means that as I reach the shed I then have no choice but to step onto his grass/bedding plants in order to get to the other part of the access path.

I don't normally get the 'legal expenses cover' but could you tell me if that cover would cover and help me if the potential dispute escalates and I had to proceed legally with the view of establishing my right of way. Or do I need to get something different. I don't want to ask the insurers as they may not allow me to take out the insurance.

N.B. this is what it states under 'building insurance'

Legal expenses cover - up to £50,000
Legal advice helpline - yes

Quentin

Read up what your chosen insurer's legal expenses does cover (there will be a separate section on the policy covering optional cover).

The level/scope varies from insurer to insurer. (Some do have a separate "legal advice" line - included with the policy - which offers advice only on this sort of dispute)

But note that any incidents that begin prior to you taking out the policy (which this seems to have done) won't be covered.

InsideInsurance

Because the issue already exists you may find the insurance will cover you for advice but not cover any claim but you need to read the exact terms to discover what they are.

dazza-mac

Quentin wrote: »

Read up what your chosen insurer's legal expenses does cover (there will be a separate section on the policy covering optional cover).

The level/scope varies from insurer to insurer. (Some do have a separate "legal advice" line - included with the policy - which offers advice only on this sort of dispute)

But note that any incidents that begin prior to you taking out the policy (which this seems to have done) won't be covered.

Hi, no the dispute hasn't started as I've never said anything. I'm just getting a bit concerned as I'm hoping to get something done with my garden this year instead of just pouring weed killer on the weeds! However, the shed has been there all the while I've been in my home so I don't know if that will go against me. The inurance is with the co-op and this is all I can find:
Buildings Insurance

Additionally our Buildings insurance provides cover up to £500,000 for the cost of rebuilding your home, garages, permanent fixtures and fittings such as kitchen units and fitted wardrobes, walls, drives and patios including outbuildings following loss or damage caused by an insured event. You will be protected from a wide range of risks including fire, explosion, storm or flood (except fences, hedges and gates), theft, malicious damage, escape of water and subsidence. Additionally, cover includes:

• - Accidental damage to underground pipes, drains and cables
• - Your legal liability as property owner - up to £2,000,000 plus legal costs
• - Accidental breakage of ceramic in hobs, solar panels, sanitary fittings and glass in doors, windows and greenhouses
• - Loss of rent and the cost of alternative accommodation while insured repairs are carried out - up to £20,000.

Is that what you referred too?

VictorM_2

dazza-mac wrote: »

• - Accidental damage to underground pipes, drains and cables
• - Your legal liability as property owner - up to £2,000,000 plus legal costs
• - Accidental breakage of ceramic in hobs, solar panels, sanitary fittings and glass in doors, windows and greenhouses
• - Loss of rent and the cost of alternative accommodation while insured repairs are carried out - up to £20,000.

Is that what you referred too?

That isn't legal expenses cover - the liability cover mentioned above is if people are claiming against you - such as if one of your roof tiles falls down and decapitates your neighbour or something.

Just look out for "Legal Expenses Cover" when buying your policy.

Quentin

dazza-mac wrote: »

Hi, no the dispute hasn't started as I've never said anything. I'm just getting a bit concerned as I'm hoping to get something done with my garden this year instead of just pouring weed killer on the weeds! However, the shed has been there all the while I've been in my home so I don't know if that will go against me. The inurance is with the co-op and this is all I can find:
Buildings Insurance

Additionally our Buildings insurance provides cover up to £500,000 for the cost of rebuilding your home, garages, permanent fixtures and fittings such as kitchen units and fitted wardrobes, walls, drives and patios including outbuildings following loss or damage caused by an insured event. You will be protected from a wide range of risks including fire, explosion, storm or flood (except fences, hedges and gates), theft, malicious damage, escape of water and subsidence. Additionally, cover includes:

• - Accidental damage to underground pipes, drains and cables
• - Your legal liability as property owner - up to £2,000,000 plus legal costs
• - Accidental breakage of ceramic in hobs, solar panels, sanitary fittings and glass in doors, windows and greenhouses
• - Loss of rent and the cost of alternative accommodation while insured repairs are carried out - up to £20,000.

Is that what you referred too?

No.

That is cover should you be held liable for causing damage to a third party (eg you are negligent and cause a visitor to have an accident due to your negligence. This would pay any compensation to the third party).

You would need the extra "legal cover" you can often take to have cover over a dispite with a neighbour over boundaries etc.

But although there is no dispute, the incident has happened already (the siting of the shed)!

If it was (wrongly) there when you moved in, then your conveyancing solicitor nay be able to help now.

dazza-mac

ooh I'm getting more bamboozled by the minute!

I'm searching this online and can't find anything whereby I can add legal cover on.

I would assume that the neighbour is definately wrong in what they've done as the path is definately for accessing my garden (and in turn my neighbour on the other side also has to use this path and then use mine to gain access to theirs - if they ever wanted or needed to).

I bought my freehold and rang 'Gala Unity' who I initially paid my yearly leasehold fees. He wasn't very helpful other than saying that they would not pursue the matter if it became an issue (due to the expense) and that it would be left to me.

The paperwork from when I had the leasehold clearly shows it's an access path.

I don't know what to do now. It seems that it wouldn't be worth getting this extra cover - even if I could find it on the bloomin site as from what's been said, the insurers would say that it was already a pre-existing dispute (even tho I've never broached the subject with the neighbour).

Can someone clarify that if I did get some work done and had no option but to step on their land in order to get onto the access path again - would they be responsible for any damage to their lawn - after all, if they didn't want the risk of any damage then they shouldn't have put their shed on the access path. I mean, I would rather not have to step on their land but it would be my only way of getting back to the access path.

dazza-mac

VictorM wrote: »

That isn't legal expenses cover - the liability cover mentioned above is if people are claiming against you - such as if one of your roof tiles falls down and decapitates your neighbour or something.

Just look out for "Legal Expenses Cover" when buying your policy.

So does that mean that I'm covered as this is what was in my summary of cover:

N.B. this is what it states under 'building insurance'

Legal expenses cover - up to £50,000
Legal advice helpline - yes

Quentin

Yes, you look to have some "legal cover", but you need to read the policy to see what is covered. (Look for any reference to incidents that began prior to the cover being taken out!)

dazza-mac

God I'm so piggin stressed. I haven't a bleedin clue what I'm doing. At one point I decided I wouldn't even renew my building insurance! Why can't these insurance sites just use normal language and make things simple?

Can someone tell me: If your neighbour had a shed on the access path and you'd had no reason to discuss the matter up until you wanted to do work on your garden - would you advise me to not bother with legal protection on the grounds that even though I've not said anything to neighbour, the insurers would not entertain me as the shed has been there since I moved in? And that if I took things further then I would be liable for solicitors etc

rs65

It is likely that a policy you take out will not cover something you knew about when you took the policy out.

My policy excludes any claim we reasonably believe you knew, when you took out this insurance, was likely to happen;