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Chancel repair liability.

Last post Wed, Jun 16 2010, 1:19 PM by Eagertolearn. 9 replies.
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  •  Wed, Jun 16 2010, 1:19 PM

    Re: chancel repair liability.

    I have experienced this minefield and by far the simpliest way forward is to have a "Short Chancel Liability Search" that will identify if the Parish in which your property lies has Liability or not. If it has NO LIABILITY then bingo..! you are in the clear and exempt from any claim. If the parish is liable then the choices are simple, eithier have a "FULL DETAILED SEARCH" done which will identify the Land the property sits on is liabile or not and what proportion of liability it carries, in most cases although in a Liable parish the full detailed search tends to show the majority of properties to be clear of liability.

    Once you are in full possession of the facts then you may need insurance. Most companies just want to sell you the insurance no matter if it is liable or not as the brookers are commissioned based.

    I used an excellent company (Chancel Repair Searches Ltd) with fast results. £35.00 for the Short Check & £135.00 for the full detailed search. All in all although the parish was liable my property was not and no extra wasted expenses obtaining unnessceray insurance.

    • Post Points: 5
  •  Wed, Oct 21 2009, 2:27 PM

    Re: chancel repair liability.

    HI,

    Yes we've been on those websites.For peace of mind we will be taking a policy out.

    Thanx

    Jan

    • Post Points: 5
  •  Wed, Oct 21 2009, 10:06 AM

    Re: chancel repair liability.

    With a bit of Googling about you can find lots of companies who offer advice and will provide the searches and insurance for you. If not your solicitor will probably have a preferred supplier.

    • Post Points: 35
  •  Wed, Oct 21 2009, 8:28 AM

    Re: chancel repair liability.

    It just shows the 'church' for what it really is - another money making enterprise milking the community for what it can get. Medieval people might have stood for it, but modern folk are hopefully more sophisticated.

    The fact that the 'church' took somebodies home for its own purposes is completely indicative of what an organisation is it. I want to know why it has charity status when it can do such a thing.

    Disgraceful.
    • Post Points: 20
  •  Tue, Oct 20 2009, 5:12 PM

    Re: chancel repair liability.

    Deffo - Take out a relatively cheap indemnity insurance policy against this risk no matter how minor, it's just been on the news about a couple having to sell their £230k house to pay their liability towards the local church....Talk about an act of God.!!!

    That's me finished with the Church. : -- (

    This older thread of interest covered the same subject.

    http://www.moneysupermarket.com/community/forums/t/chancel-what-search-36781.aspx

    • Post Points: 80
  •  Tue, Oct 20 2009, 4:45 PM

    Re: chancel repair liability.

    Hi Brindle

    I'm really surprised that your solicitor is taking such a stance as it is quite common now for indemnity to be taken out against chancel repair. I certainly do for all my clients !

    The Law Society Guidelines are that they would suggest that a chancel repair search is carried out for every buyer. The searches aren't great and usually come back to advise there is a potential liabilty and recommend a policy is taken out. This is because there is no specific place to check for liability so it is a bit of a mine field for Lawyers because we can never be sure whether there is any liability or not.

    My advice to you would be to take a policy out especially if the house you are buying is built on land previously owned by the Church of England and it dates back to Medieval times as these are 2 of the major requirements for a church to be able to claim liability.

    Skywalker is right in that 2013 is a key date but it doesnt mean that Chancel repair liability wont exist after this date. Its simply the date that any churches with liability need to register an entry against the property with the Land Registry.

    This means that from 2013 onwards if the property does have a liability it will show up on the Office Copy Entries and it will be safe to assume that if there isn't such an entry then liability doesn't exist.

    Hope this helps

    Pinkp

    • Post Points: 50
  •  Tue, Oct 20 2009, 11:28 AM

    Re: chancel repair liability.

    According to this report: http://www.chancel.org.uk/chancel-repair-liability.php Chancel repair liability will cease on 13 October 2013. Hope this helps.
    • Post Points: 35
  •  Tue, Oct 20 2009, 11:13 AM

    Re: chancel repair liability.

    I got a Chancel Indemnity Policy through my solicitors when I was buying my flat. The policy itself was only about £5 but my solicitors charged me around £20 for the admin.

    HTH

    • Post Points: 35
  •  Tue, Oct 20 2009, 11:10 AM

    Re: chancel repair liability.

    Brindle

    From what I have read about this issue, there are mixed opinions about it. Apparently the Council for Mortgage Lenders handbook does advise that this Insurance should be taken out, but mortgage companies do not always insist upon it.

    My view having read a number of cases where people have been asked for contributions to church repairs, is that it is worth paying for the liability cover. You can arrange via your solicitor or apparantely, you can arrange directly with Conveyancing Liability Solutions Ltd. However from what I have read, it is better to phone to arrange, so you can make sure the policy meets your needs. This is their site clsl.co.uk

    A poster in another forum arranged a liability policy with CLSL for a one-off premium of about £60.

    Huckster

    • Post Points: 50
  •  Tue, Oct 20 2009, 10:47 AM

    Chancel repair liability.

    Could anyone advise us regarding Chancel Repair Liability the house we are buying is on land within a Church of England Parish. Houses were built on this land 30years ago.I know this dates back to Medieval Times..Would it be advisable to take out an Insurance Policy ? Our solicitor has said not to do anything about it nobody bothers these days. Watching GMTV this morning a couple have had to sell there house to pay for repairs to the church. Any info would be greatly appreciated.

    • Post Points: 80