Survey liabilty issue found

Ftb1984 · 12 March 2017 at 10:44AM

FTB just had survey carried out on property and has indicated a possible liability due to property being located in a historical parish or tithe district containing a record of Chancel Liabilty, carried out by pinpoint.

I am now slightly concerned now whether this will be an issue regarding mortgage or will they simply insist on me taking out an insurance to ensure covered liabilty.

I am doing my mortgage through a broker and have attained a mortgage in principle but not yet confirmed which lender to go with.

As this is a property I would like to purchase I just want to make sure I fully understand the situation and any issues that may arise from it and in the future.

Obviously I will talk to my broker regarding this but just seeing if anyone has had any experience with this situation or any mortgage brokers on here have.

Thanks in advance for any help offered.

davidmcn · 12 March 2017 at 10:48AM

Chancel liabilities have nothing to do with your surveyor - speak to your solicitor about this. Not a problem to worry about though.

antrobus · 12 March 2017 at 10:57AM

Ftb1984 wrote: »

FTB just had survey carried out on property and has indicated a possible liability due to property being located in a historical parish or tithe district containing a record of Chancel Liabilty, carried out by pinpoint.

I am now slightly concerned now whether this will be an issue regarding mortgage or will they simply insist on me taking out an insurance to ensure covered liabilty.

I am doing my mortgage through a broker and have attained a mortgage in principle but not yet confirmed which lender to go with.

As this is a property I would like to purchase I just want to make sure I fully understand the situation and any issues that may arise from it and in the future.

Obviously I will talk to my broker regarding this but just seeing if anyone has had any experience with this situation or any mortgage brokers on here have.

Thanks in advance for any help offered.

Google 'Chancel Liabilty'. You will find stuff like this;

Chancel repair liability along with many other overriding interests will now have to be registered by midnight on 12 October 2013 or they will lose their automatic protection.

But;

A Church could still register a notice at any point up until a priority search is made just before completion. If this happens it will jeopardise the completion of the transaction and incur unrecoverable costs for the buyer such as legal and survey fees.

I think the latter is what they mean by a "potential liability". You can buy insurance. I don't think it's that expensive.

https://www.homewardlegal.co.uk/blog/chancel-repair-liability-still-worry-when-buying-home

Survey liabilty issue found

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