indemnity policy for chancel repair liability

poppysarah

Grimbal wrote: »

September 2013 is when the church can't register an interest in further land liable for chancel repair

Further land? But does that mean anything it's got down for the bill payment already is ok?

rosyw

If there's nothing abolut it in your deeds now, and not added with the land registry by the church before 2013, the church will never be able to ask you for money.

Grimbal

poppysarah wrote: »

Further land? But does that mean anything it's got down for the bill payment already is ok?

as far as I understand it,any land that is liable for chancel repair will continue to be so after 2013. Any land that isn't up until that date won't then be able to be

So, if you're liable before 2013, you will still be after 2013

rosyw

I've copied this from thePeterborough Diocesan Registry, seems to explain it fairly well.

Action to be taken by Parochial Church Councils

The Aston Cantlow case affirmed that a PCC can take proceedings to recover the cost of chancel repairs from a lay rector. However, chancel repairs will no longer be regarded as overriding interests (that is to say, binding without the need for registration) under the Land Registration Act 2002, which came into force on 13 October 2003. The Land Registration Act 2002 (Transitional Provisions) (No.2) Order 2003 provides that chancel repair liability will continue to be an overriding interest for a period of just ten years from 13 October 2003. After that period, the liability will only be binding on a purchaser of land registered at the Land Registry if the liability is referred to in the Register.
Therefore, PCCs who believe that a liability for chancel repairs attaches to any land should seek advice from their solicitors about registering at the Land Registry a caution against first registration of the land (if the land affected by the liability is unregistered) or registering a notice (if the land is already registered), in order to alert a prospective purchaser to the liability. Otherwise the result of not registering will be that the right to recover the cost of chancel repairs will be lost in the event of the transfer of the land after the ten year period to a purchaser without notice of the liability.
The Legal Advisory Commission has produced an Opinion concerning the registration and enforcement of chancel repair liability by PCCs, and also a list of Questions and Answers. PCCs should also take note of a Statement by English Heritage concerning grant aid for repairs to chancels where there is known to be a Lay Rector liable for chancel repairs.

iolanthe07

My vicar told me that the church is incredibly embarrassed about this whole thing. Apparently it has been forced on them by English Heritage and other grant bodies who insist that every obscure legal avenue is exploited before releasing any funds.

DVardysShadow

rosyw wrote: »

... why would anyone take out a 25 year policy, which most seem to be, when you probably don't need it at all?

Why would anyone buy car insurance when you probably don't need it?

Why would anyone buy buildings and contents insurance?

The reason is that you are trading away small possibility of a loss which would be too big to bear for the certainty of a small loss which you can bear easily.

Richard_Webster

My reading of the CML Handbook is that if you are getting a mortgage then a buyer's solicitor has no choice but to make sure the position is protected.

Also remember that liability does not cease for properties purchased prior to 13h October 2013 where there has been no registration - but only when such properties are later sold. In theory therefore a PCC could seek to enforce liability after 13/10/2013 against any property that they can show has the liability even though it has not been registered unless the property has since been sold.

Obviously it is more of a pain for them because there is just that little bit more investigation involved in checking to see whether a property has been sold and as the years go ion it will become increasingly unlikely that it hasn't since the crucial date.

Why the government made it so complicated, I cannot imagine, instead of just abolishing the right completely.

neverdespairgirl

Grimbal wrote: »

September 2013 is when the church can't register an interest in further land liable for chancel repair

I beleive they'll still be able to go after landowners, but only until the land changes hands for hte first time after 2013. October, I think it is, too.

neverdespairgirl

iolanthe07 wrote: »

The whole chancel repair liability thing came to light over one very unjust case,

Not just one case - and the liability comes from a 1932 Act of Parliament.

pommymike

The General Synod of the Church of England overwhelmingly agreed with the recommendation of its standing committee in 1982 that chancel repair liability should be phased out, and this led to a Law Commission report recommending legislation to abolish it.
This has not been done because of worries that the Church would object that abolition would infringe its human rights. It would not object because the Government would be acting at the request of the Church's ruling body. There has been no case in which a Church has sued for tithe rentcharge liability since the tithe rentcharges were abolished in 1936. Lord Scott of Foscote was right in the Aston Cantlow case to say the liability would be limited to the amount of the rentcharge, which would be much less than the amount of a chancel repair liability insurance premium and would certainly not be worth suing for.
Letters please to Lord McNally, Ministry of Justice, 102 Petty France, London SW1H 9AJ.