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LIVA M&A Insurance Services

Title Insurance

Title insurance provides cover for a variety of real estate and title issues and can be placed for a seller, buyer or a financing party and can include successors in title. It can be used to insure the title to property of an asset and the title to shares in a company and can provide cover for specific identified property risks.

Insured:

Seller, Buyer, Target, or Financing Party (and can include successors in title).

Policy Period:

For the period of an insured’s ownership and can be extended to include successors in title.

Cost:

0.1% – 0.3% of the insured limit of liability. Premium is a one-off payment at inception of policy.

Cover:

Insurers cover ownership of an asset or company by covering the title to property of an asset and the title to shares in a company (e.g. a real estate SPV or other).

Title insurance can also provide cover for specific identified property risks such as, inadequate easements, violation of planning/zoning, or legal restrictions, missing deeds and documents, breach of public procurement or tender rules, infringements of rights of light or air, restitution and expropriation of land and breach of inheritance laws.

In the event of an issue with the title to property or shares or a known risk crystallising, Title Insurance covers the depreciation in value of a property / company, third party settlements, defence costs, and interest, fines and penalties due (to the extent that these are insurable by law).

Required Documents:

- Transaction Documents.

- Due diligence covering the areas for which cover is sought. If this is not available, certain insurers are able to undertake the review themselves.