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how do you avoid this payment of chancel?
Comments
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I find that when I am acting for a buyer most sellers' solicitors say their clients won't pay.
Going by normal practice they should. Whenever some new issue comes up then if you have a property that is affected by it you are stuck with dealing with it when selling - that's the normal way solicitors look at these things. We can't help it if the law changes or the lenders change the goalposts.
However, in this case it is slightly different. The whole business is so complicated that it is a lot easier for a seller's solcitor to simply say something like "Your buyer wants you to pay for a Chancel Repair Policy, will you agree this?" "Why should I, we never had anything like that come up when we bought...." Solicitor doesn't bother going into the complicated explanation of why a seller should pay - it takes too long - much easier to say his cleint won't pay!RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
we are in the process of selling and they have done a chancel search . i dont really understand why they are askign whether we woudl like to agree to pay this £80 to cover it. i think it must be some kind of insurance. we are not on church land but i have heard through partner's parents that they had to pay £288 for buying their property in case one of the churches needs work it woudl avoid them being liable for it. any additional info appreciated. thanks. also what is the cheapest insurance cover one gets in the future for this purpose. thanks
I've just been asked to pay this too. Mine was about £100. I refused. There's been no come back from that. So far!0 -
I've just been asked to pay this too. Mine was about £100. I refused. There's been no come back from that. So far!
From the solicitors' point of view, they usually being on a fixed fee, it's a nightmare arguing over £100.No reliance should be placed on the above! Absolutely none, do you hear?0 -
I, also, am in the process of purchasing a flat and a Chancel search has been done by my solicitor and I have been told that I am 'liable'. What I haven't been told is who else is liable, where the boundaries of the parish are, and who else lives within the 'medieval boundaries of this parish'.
If there are 50 flats in my block and 50 flats in the block next door and..........you get the picture? There could be easily 10,000 people who are 'liable' even if the bill came to £100,000 to repair the chancel, (no they haven't told me where this chancel is), then the cost is only a tenner each - which is less than the cost of the search let alone the premium! And why can't I get a quote online for this sort of insurance - I can for everything else. And why can't I transfer the insurance from the vendor?
This scam is brilliant isn't it - for a one-off payment of £80 (conservative estimate) you get 25 years indemnity - but on average you will probably only live in the property for 6/7 years - and then the next purchaser will have to pay all over again.
Does anyone actually know anyone who has had to pay up because of this? I mean apart from that guy in the paper? I know people who have won the lottery but I don't know anyone who has had to fork out for this. It is the biggest rip-off going and its all above-board because it is carried out by solicitors and accountants/insurance companies who know the law and know how to prey on peoples fears.
I really would like to see some figures, on a national basis, as to how much money is collected from gullible people by extracting 'Chancel indemnity' premiums from them each year - and how much is paid out. Could make interesting reading!
One of the problems is of course that the costs in buying a house are so mind-boggling, and it is such an emotional time that nobody blinks when asked for yet another £80 to ensure 'peace of mind'! Hmm!0 -
You can't get a quote because you already know there is a liability on the property. It is a fair point that you would need to know what your share might be. I think the CoE could have a good scam going, to charge a flat fee of £1000 to extinguish chancel rights on any property when it changes hands.dothemaths wrote: »I, also, am in the process of purchasing a flat and a Chancel search has been done by my solicitor and I have been told that I am 'liable'. What I haven't been told is who else is liable, where the boundaries of the parish are, and who else lives within the 'medieval boundaries of this parish'.
If there are 50 flats in my block and 50 flats in the block next door and..........you get the picture? There could be easily 10,000 people who are 'liable' even if the bill came to £100,000 to repair the chancel, (no they haven't told me where this chancel is), then the cost is only a tenner each - which is less than the cost of the search let alone the premium! And why can't I get a quote online for this sort of insurance - I can for everything else.After the uprising of the 17th June The Secretary of the Writers Union
Had leaflets distributed in the Stalinallee Stating that the people
Had forfeited the confidence of the government And could win it back only
By redoubled efforts. Would it not be easier In that case for the government
To dissolve the people
And elect another?0 -
You can't get a quote because you already know there is a liability on the property. It is a fair point that you would need to know what your share might be. I think the CoE could have a good scam going, to charge a flat fee of £1000 to extinguish chancel rights on any property when it changes hands.
Can't get a quote because I already know I have a liability? Not sure I follow that. I may be liable to have an accident in my car but it doesn't stop Norwich Union from insuring me!0 -
dothemaths wrote: »Can't get a quote because I already know I have a liability? Not sure I follow that. I may be liable to have an accident in my car but it doesn't stop Norwich Union from insuring me!
I'm going to be picky with your wording, because it make it clearer:
You may be likely to have an accident and then you would be liable for the costs arising. In your car.
With the house, you have had the accident and discovered that you would be liable for chancel charges. Although you do not know how much the chancel charges are, you have already had the accident in that you know you are liable. With a car you cannot insure after the accident, even if you don't know what the damage will be.After the uprising of the 17th June The Secretary of the Writers Union
Had leaflets distributed in the Stalinallee Stating that the people
Had forfeited the confidence of the government And could win it back only
By redoubled efforts. Would it not be easier In that case for the government
To dissolve the people
And elect another?0 -
I wouldn't bother taking out a chancel indemnity policy. I think it is just a rip off that the sols use as a little income stream.0
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And if like the OP, you have a buyer who wants it, would you tell them to sling their hook?Uncommon_Advice wrote: »I wouldn't bother taking out a chancel indemnity policy. I think it is just a rip off that the sols use as a little income stream.After the uprising of the 17th June The Secretary of the Writers Union
Had leaflets distributed in the Stalinallee Stating that the people
Had forfeited the confidence of the government And could win it back only
By redoubled efforts. Would it not be easier In that case for the government
To dissolve the people
And elect another?0 -
Incisor - sorry that's nonsense. How do you know that the Chancel needs reparing?I'm going to be picky with your wording, because it make it clearer:
You may be likely to have an accident and then you would be liable for the costs arising. In your car.
With the house, you have had the accident and discovered that you would be liable for chancel charges. Although you do not know how much the chancel charges are, you have already had the accident in that you know you are liable. With a car you cannot insure after the accident, even if you don't know what the damage will be.
Uncommon Advice is right - its a rip off.0
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