Chancel Repair Liability Insurance Cost

timmyt

DVardysShadow wrote: »

Toxic waste, not lightning. Seller has lovely property with a potential toxic waste liability. Seller is responsible for showing there is no toxic waste on the premises, because the toxic waste has already arisen - indeed, the vendor may already be aware....

Buyer buys property which gets struck by lightning. Seller can have no knowledge of future clod formations and charge distributions. Buyer manages this risk.

Is chancel liability lightning or toxic waste?

a seller has 'potential' to have martians land on his back lawn. does he insure?

Charliezoo

Our property had a Chancel check done on it 3 years ago when we bought it. We are selling up now and wondered if we would have to go through it all again even though we still have the report?

BTW if anyone's interested, we as buyers went halves with the seller to pay for the report when we had it done, this seemed to prevent any arguements.

DVardysShadow

timmyt wrote: »

a seller has 'potential' to have martians land on his back lawn. does he insure?

Good question.

If the Martians' rights to land derive from the deeds, then the seller should insure. If the Martians just land without a by your leave, then the buyer should insure.

I hope you are now able to answer your client's dilemma.

timmyt

DVardysShadow wrote: »

Good question.

If the Martians' rights to land derive from the deeds, then the seller should insure. If the Martians just land without a by your leave, then the buyer should insure.

I hope you are now able to answer your client's dilemma.

ok then....cookoo

DVardysShadow

timmyt wrote: »

ok then....cookoo

An even better way of dealing with your clients.

JulianPearson

I have been down this road many times, whilst trying to buy a farm... once over 10 acres, insurance companies insist on a full search.. which means if it comes up positive they won't insure you, and if it comes up negative, they will try and get you to buy expensuive insurance anyway.. even though there is no need!

Go to your local county library (some have all this available online) and take a photocopy of the property on an OS map.

Find the Tithe map section in the reference library or 'records Office' as they are now called.. it will have a sister document called 'apportionments'.. find the field or other space where the target property is situated.. there will be a field number (and occassionally some tithe map creators wrote in if it was glebe, vicarial, rectorial, or owned by a trinity college (all of which are liable today)... anyway.. find the field number in the 'apportionments'.. check the owner (not the occupier which is a separate column.. if a persons name, then no liability.. if it says anything like 'Glebe, Vicarial, rectorial, or trinity, then tell the solicitor to just take out the insurance!... if the persons name is there, then if the mortgage lender insists on a check, have a FULL one done... as it will come back negative... a short check may well come back positive, as the short check only identifies if the parish once held such lands (anywhere) on the tithe map... takes about 5 minutes!

JulianPearson

One other thing... the PCC has until 2013 to register a Chancel repair liability against a property, after which it can call up that at any time.. even beyiond 2013, so insuring for 25 years might get you through the door, but if they come by 6 months from now, and register their claim, it will be on the deeds, specific to your house, and the insurance will either be unobtainable, or astronomically expensive!.. so will you be able to sell?... best do your own check at the library.. following my other response

timmyt

as a conveyancing solicitor it is not easy to be conclusive, quite the opposite, that is the point of the law change.

rare to apply but when it does it is expensive