Chancel Repair Law ??????????????

glitter58 · 25 February 2007 at 12:33PM

Dont know if this is in the right place but my friend has just been told this is what has been found out about her house and she is gutted .
The purchasers are now requesting that she pay's £63 insurance to cover any future "claims by the church"
http://www.chancelrepair.org/7.html.
I am disgusted people are been sh***ed all ways in britain today is there no end to this.
B
:eek::eek::eek::eek::eek::eek:

glitter58 · 25 February 2007 at 12:36PM

OMG!!!!!!!!!!! look at the wallbanks story on the left.

Debt_Free_Chick · 25 February 2007 at 12:50PM

In the interests of balance, here are some other links

From a law firm that claims to have "the largest ecclesiastical law practice in England & Wales"

From the National Archives

The BBC's report on the Wallbank's case

The Law Lords judgment

prudryden · 25 February 2007 at 1:00PM

If the insurance is only £65 for the life of the property, you can bet that the acturaries have determined that there is no chance of a liability.

The Wallbank's case is probably the only case in the last 70 years, which makes me think that there were extenuating circumstances which we don't know about.

It looks like money for old rope for the lawyers and insurance companies.

Debt_Free_Chick · 25 February 2007 at 1:09PM

glitter58 wrote:

I am disgusted people are been sh***ed all ways in britain today is there no end to this.

Yes there is an end. Any existing liability must be registered by 2013, or else it lapses. So calm down

ManAtHome · 25 February 2007 at 1:11PM

£63 sounds like a bit of a bargain..! (and presumably a lot less than the usual esatate agent, solicitor costs etc).

Some interesting stuff there DFC, thanks.

Debt_Free_Chick · 25 February 2007 at 1:13PM

I can't feel too much sympathy for the Wallbanks. Firstly, they inherited the land - nothing wrong with that, but it's not as if they bought it with "hard earned cash".

And, crucially, the deeds note an "ancient lay rector liability" so it was hardly hidden from them.

maninthestreet · 25 February 2007 at 1:28PM

Tell the purchaser that if they are that worried about chancel repair, they should pay for this insurance themselves - they will benefit from it, so they pay for it.
If they want to buy your house that much, they are not going to pull out for the sake of £63.

glitter58 · 25 February 2007 at 3:48PM

Hi thanks dfc lots of interesting reading there, the house belongs to a friend and she has told the buyers to take out insurance themselves if they wish this is £63 this year assume it will increase with inflation.
She will know by tomorrow if the purchase goes ahead or not.
It seems it has already been registered from what the conveyancy contains.
B

Debt_Free_Chick · 25 February 2007 at 3:58PM

glitter58 wrote:

Hi thanks dfc lots of interesting reading there, the house belongs to a friend and she has told the buyers to take out insurance themselves if they wish this is £63 this year assume it will increase with inflation.

As the purchasers will own and benefit from the policy, then that seems entirely reasonable to me.

However, if it becomes a "sticking point" it surely won't be worth losing the sale for the sake of £63 ....?

It seems it has already been registered from what the conveyancy contains.

Ouch - then it's possibly a real liability. That said, don't be too alarmed by the Wallbanks' story. Although the original cost was about £95k (not an insignificant amount!!), it's only ballooned to £250k as they've been disputing their liability.

I doubt that very many Parochial Church Councils will really have the stomach for pursuing these liabilities. Perhaps Aston Cantlow went for the Wallbanks because they'd been so "difficult"

glitter58 · 25 February 2007 at 4:06PM

The purchasers are checking to see if their lenders will in fact still lend them the money with this liability attached as their fa thinks not!!!

Chancel Repair Law ??????????????

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