Title Indemnity Agreement Template for England and Wales

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Key Requirements PROMPT example:

Title Indemnity Agreement

"I need a Title Indemnity Agreement to protect against a missing right of way document for a commercial property in Manchester, with coverage of £500,000 and a term of 25 years starting from March 2025."

Document background
Title Indemnity Agreements are essential tools in English and Welsh property transactions where there are known title defects or risks that cannot be resolved through standard conveyancing procedures. These agreements are commonly used when historical documentation is missing, when there are questions about rights of way, or when other title issues arise that could affect the property's value or marketability. The Title Indemnity Agreement provides a practical solution by offering financial protection against specific risks, enabling property transactions to proceed while managing potential future claims.
Suggested Sections

1. Parties: Identification and details of the indemnifier and indemnitee

2. Background: Context of the title issue and reason for indemnity

3. Definitions: Key terms used throughout the agreement including Property, Title Defect, and Indemnity Period

4. Indemnity Provisions: Core terms of the indemnity including scope, limitations and conditions of coverage

5. Duration: Term of the indemnity coverage and any renewal provisions

6. Claims Procedure: Process for making and handling claims, including notification requirements and timeframes

7. Governing Law: Confirmation of applicable law (England and Wales) and jurisdiction

Optional Sections

1. Assignment: Rights to transfer the benefit of the indemnity to successors in title or mortgagees

2. Insurance Provisions: Additional insurance requirements and relationship with existing insurance policies

3. Dispute Resolution: Alternative dispute resolution procedures such as mediation or arbitration

Suggested Schedules

1. Schedule 1 - Property Description: Detailed description of the property affected by the title defect

2. Schedule 2 - Title Documents: Copies of relevant title documents showing the defect requiring indemnification

3. Schedule 3 - Property Plan: Plans showing the affected areas of the property

4. Schedule 4 - Claims Form: Standard form template for making claims under the indemnity

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Law of Property Act 1925: Primary legislation governing land ownership and transfer in England and Wales. Sets out requirements for land contracts and defines legal estates in land.

Land Registration Act 2002: Core legislation governing the registration of land titles, establishing principles of title guarantee, and addressing the rectification of title issues.

Limitation Act 1980: Sets statutory time limits for bringing claims, relevant for determining indemnity periods and limitation periods for title defects.

Common Law Contract Principles: Fundamental principles including offer, acceptance, consideration, and intention to create legal relations that form the basis of contract formation.

Law of Property (Miscellaneous Provisions) Act 1989: Specifies formal requirements for contracts relating to land and requirements for execution of deeds.

Financial Services and Markets Act 2000: Relevant when the indemnity agreement has insurance-like characteristics or involves regulated financial services.

Land Registry Practice Guidelines: Administrative guidelines and procedures issued by HM Land Registry affecting title registration and indemnity matters.

Professional Indemnity Insurance Requirements: Regulatory requirements regarding professional indemnity insurance coverage for parties providing title indemnities.

Consumer Protection Legislation: Various consumer protection laws that may apply if one party to the agreement is acting as a consumer rather than in a business capacity.

Money Laundering Regulations: Regulations requiring due diligence and verification procedures in property transactions to prevent money laundering.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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