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Chancel checks and liability

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Comments

  • This is a very dangerous view to take from a firm of solicitors, particularly as they will be the ones who may be found negligable if a claim for Chancel Repair Liability arises on a property that they conveyed and advised that no investigation was required.

    Conveyancing solicitors are required to carry out searches into potential issues arising from a property transaction, so simply insuring is not the right approach, particularly as you may well find that there is no need to buy an insurance policy.

    It is not correct that the records relating to chancel repair liability have been lost as they are in fact held centrally at the National Archive in Kew and so laibility can be established and The Church are registering properties between now and the 2013 deadline with the Land Registry.

    The majority of solicitors carry out a £15 ChancelCheck search as it establishes whether there is a potenial risk without the requirement (by law) on the solicitor to register the property if a risk is identified as it relates to area, not the specific property.

    You do not alert the Church by doing a search or taking out a subsequent insurance policy as they do not have access to this information. But they do have access to the information in Kew and are fully aware that this is worth tens of millions of pounds in funding to them.
  • zarazara
    zarazara Posts: 2,264 Forumite
    Do have the ChanelCheck search done. its very foolish not to.
    "The purpose of Life is to spread and create Happiness" :j
  • Hi :)

    We just a property within a Chancel Repair Liability area. We instructed our solicitor to ask the "seller" to cover the one off insurance payment, the seller agreed! :) .. So you could ask the seller to cover the fee?
    "Do not look back and grieve over the past, for it is gone, and do not be troubled about the future, for it has yet to come. Live in the present, and make it so beautiful that it will be worth remembering"
  • LisaLou1982
    LisaLou1982 Posts: 1,264 Forumite
    Chutzpah Haggler
    Take out the insurance - it might be a fee you grudge paying but it will be worth it if something ever came up whereby you had to fork out ££££'s!!!
    £2 Savers Club #156! :)
    Looking for holiday ideas for 2016. Currently, Isle of Skye in March, Riga in May, Crete in June and Lake District in October. August cruise cancelled, but Baby due September 2016! :j
  • zarazara
    zarazara Posts: 2,264 Forumite
    Hectors house, did you getthe chancel check done then?
    "The purpose of Life is to spread and create Happiness" :j
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