Chancel Repair Liability

lemonslap

Hi All

I have just had my survey back and the property we are buying has this liability on it, my question is has anyone here had to payout to their local church for repairs? Thanks everyone

maninthestreet

If the survey says it definitely has this liability, rather than just 'may have this liability', then it may be best to find another property.

Gorgeestwo

We've had a letter from our solicitor about this today, the house we are buying has this liability.
She has requested that the vendors buy indemnity insurance to cover incase the church do make a claim, but if the vendors won't purchase it she suggests we buy it ourselves, I haven't sat down properly and read about the prices for it yet. But will definately be getting it if the vendors don't.

Doozergirl

You don't actually want to find out that the property is liable. What you should just do is buy the indemnity policy that your solicitor should offer you. Try to get the vendors to pay for it - it's about £50 and it allows you to simply forget about it all as you are covered in the event that the property is liable and you are actually asked for money.

The indemnity is cheaper than the full searches (I'm hoping you're just talking about an initial search that has been carried which costs about £6 to find out simply if the parish is an affected one); there is no point in finding out. If the full searches were carried out and it was eventaully established that the property itself had a liability, the insurance would be sky high.

Therefore, have the initial search; if an affected area buy indemnity policy and forget all about it.

lemonslap

I'm not to worried about it, I read that after 2013 this law will be revoked. The resin for me asking is has anyone had to payout for this?

lemonslap

Doozergirl wrote: »

You don't actually want to find out that the property is liable. What you should just do is buy the indemnity policy that your solicitor should offer you. Try to get the vendors to pay for it - it's about £50 and it allows you to simply forget about it all as you are covered in the event that the property is liable and you are actually asked for money.

The indemnity is cheaper than the full searches (I'm hoping you're just talking about an initial search that has been carried which costs about £6 to find out simply if the parish is an affected one); there is no point in finding out. If the full searches were carried out and it was eventaully established that the property itself had a liability, the insurance would be sky high.

Therefore, have the initial search; if an affected area buy indemnity policy and forget all about it.

Thanks doozer girl

Its the initial search that has flagged this up, I was trying to find if anyone has had to pay out?

lemonslap

maninthestreet wrote: »

If the survey says it definitely has this liability, rather than just 'may have this liability', then it may be best to find another property.

Why find another property?

Gorgeestwo

Have just read through some of the information she has sent us and it says 'the building is located within the historical boundary of a tithe district within a parish which continues to have a potential chancel repair liability based upon historical parish boundary data and the relevant inland revenue indices held by the national archive'
and she recommends that if the seller doesn't get the insurance then we do for a minimum of the purchase price of the property, which from the price list looks like it would be about £50.
(was also just the initial seaches that have been done that have brought this up.)

lemonslap

Gorgeestwo wrote: »

Have just read through some of the information she has sent us and it says 'the building is located within the historical boundary of a tithe district within a parish which continues to have a potential chancel repair liability based upon historical parish boundary data and the relevant inland revenue indices held by the national archive'
and she recommends that if the seller doesn't get the insurance then we do for a minimum of the purchase price of the property, which from the price list looks like it would be about £50.
(was also just the initial seaches that have been done that have brought this up.)

Same as! forgot to say the house is in ashford, kent

Doozergirl

lemonslap wrote: »

Thanks doozer girl

Its the initial search that has flagged this up, I was trying to find if anyone has had to pay out?

Yes. £186,986 + VAT with an additional £220,000 in legal fees!

http://www.guardian.co.uk/artanddesign/2008/dec/08/church-of-england

I'm not sure if it's being revoked - I was under the impression that churches aren't able to 'opt in' after that point? Perhaps there has been another ruling that I've missed.

lemonslap

Doozergirl wrote: »

Yes. £186,986 + VAT with an additional £220,000 in legal fees!

http://www.guardian.co.uk/artanddesign/2008/dec/08/church-of-england

I'm not sure if it's being revoked - I was under the impression that churches aren't able to 'opt in' after that point? Perhaps there has been another ruling that I've missed.

More than the house is worth :eek::eek: