What happens when "searches" prove inaccurate?

Raggie

Oh yes have a mortgage, and they are listed as first charge.

As I said in an earlier post the solicitor has not walked away from this problem and is still looking at the situation. So I can only wait out and see what they come back with.

But whatever way I look at this, some one, some where has mucked up!

The bigger picture is that the solicitor was the developers reccomended one. Now these guys are not newbies they have been in business over 100 years, and have handled a number of the sales on this site.

Before people say never trust a developers solicitor. These guys were excellent (up to here) and I would have used them anyway as they take care of our wills.

So I wonder how many of my neighbours have the same problem?

silvercar

So I wonder how many of my neighbours have the same problem?

I would be surprised if the chancel liability only features on your deeds. For £4 you could download a neighbours deeds and find out. I suspect not many people download their deeds unless they intend selling.

Richard_Webster

What exactly does this "charge" say that shows on the registered title?

Chancel Repair Liabilities are very rare (I have never seen one registered against a title)and I wonder if OP has got some other entry mixed up with Chancel Repairs, but I stand to be corrected and suitably amazed.

seabright

All the search companies I use at work have indemnity insurance which pays out if the result they provide is wrong. If I were in your solicitors shoes I would be getting a copy of the search company's policy (which is probably what they are doing) with a view to making a claim on your behalf on the policy.

I am not sure that suing the solicitor in this case would work (I may not be correct as I am a property lawyer not a litigation lawyer). A claim against the solicitors would be successful if they had been negligent, but they haven't been, from what you tell us. They have carried out the searches you need, but the information was wrong.

I think you need the search providers indemnity insurance policy and then to make a claim against that.

seabright

Richard_Webster wrote: »

What exactly does this "charge" say that shows on the registered title?

Chancel Repair Liabilities are very rare (I have never seen one registered against a title)and I wonder if OP has got some other entry mixed up with Chancel Repairs, but I stand to be corrected and suitably amazed.

I agree - I've never seen one either, even on land which I know 100% has the liability.

Raggie

I hope you guys are right..

The title downladed from the land registry states:

C: Charges Register
This register contains any charges and other matters

that affect the land.

By a Chancel Repair Search dated [date removed to protect identity] plot 123 as defined within the Record of Ascertainments is subject to chancel repairs.

NOTE 1: The land in this title forms part of plot 123.

NOTE 2: Copy of Search filed under EX123456


now there are other points under this section C which I have removed.


have I interpreted it correctly?

seabright

It appears so. You need to get a copy of the search from the title number quoted. I don't know if you can do it via the Land Registry website, if not, I think the Land Registry form you need is called OS2.

When you bought you should have had a Report on Title from your solicitors and that should have contained copies of the developers title (the title to the whole estate of which your property forms a part) which is probably title number EX123456. Does that title contain an entry in the same terms (or very similar) to the one which appears on the Register Entries for your home?

If yes, then your solicitor should have made more enquiries.
If no, the solicitor relied, in good faith, on the information they were given on the title registers and the chancel repair search.

If yes, you may have a negligence claim against your solicitor (but they may have made more enquiries and got satisfactory replies). If no, I can't see, from what you've said, that there's been any negligence.

seabright

This website may help you understand more about what Chancel repair liability is all about:

http://www.nationalarchives.gov.uk/documents/ifa_l1_chancelrepairs.pdf