header-logo header-logo

20 September 2012 / Steven Clarke
Issue: 7530 / Categories: Features , Property
printer mail-detail

Right time, right place?

Title insurance has come of age, says Steven Clarke.

From fast food to Facebook, there are numerous examples of companies and technology making the successful transition from America to the UK.  But it doesn’t always work that way.  In the same way that the American public has never fully grasped the British obsession with football, the US concept of title insurance has traditionally met with similar resistance over here.

Title insurance originated in America as a by-product of the country’s disparate land registration laws, which vary not only from state to state, but also county to county.  Designed to cover all unknown defects in title that come to light after completion, it became an important part of purchasing property in the country - and remains so today.  Indeed, the whole structure of the conveyancing process in the US is based around the title insurer; it is they, and not a solicitor, who investigate title and sell policies directly to purchasers.

A sceptical UK market

Unsurprisingly, a concept that largely excludes solicitors from

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
back-to-top-scroll