Can you insure against access disputes later?
When I was remortgaging my property a couple of years back, the mortgage company balked because stricktly speaking, there was no legal right of access over the last 150 yards of lane leading to the properties.
Nobody knows who owns this section of the lane and its not public road..
I had two options, either enter into a expensive and lengthy legal action or simply pay $100 for an insurance policy should the right of access ever be challenged..That policy stays with the house should it be sold..
Most title policies will list all easements, or lack thereof in the Schedule B part of the title commitment.
Then in the exceptions, they pick and choose what they insure, and what they don't. Usually all conflicts, or areas of no access, as well as encroachments, excroachments and like items are excluded from the policy coverage.
