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Chancel repair liability wording.

Sorry to ask, but I have been reading through chancel liability paperwork given to me and my partner which we had bundled with our contract.

the wording says any owner of former rectorial land is liable etc....

we are buying a leasehold and unless I am wrong we are not buying the land but the right to live there. In my eyes that gets us out of this liability and not responsible.

Am I right in thinking this? or is it more complicated?

Comments

  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    This question is what you pay your solicitor to address - at least if they get it wrong, they are liable to you for the advice, whereas the posters here owe you nothing. I would imagine that there is not a general answer - it will depend on both the original grant of rectorial land and on the lease. So the indemnity insurance may be cheaper than the answer.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Doozergirl
    Doozergirl Posts: 34,082 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Put it this way. Owning a freeholder should never cost the freeholder a penny.

    As leaseholder you are responsible for all costs, so the chancel liability I believe would always be payable by you as leaseholders even if the initial responsibility belonged to the freeholder. Like maintaining the building - it belongs to the freeholder but it's your responsibility as leaseholder to pay for necessary repairs. It might even be the freeholder's responsibility to enure the building is insured - but it's your responsibility to pay it...
    Everything that is supposed to be in heaven is already here on earth.
  • Hi

    You will find alot of information on Chancel Repair Liability on my Clutton Cox solicitors website.

    I have posted a few times and am updating on a fiarly regular basis

    You can follow the link on Conveyancing blogs at the Clutton Cox website. The date of the last post was 24th November.

    Your Conveyancing Solicitor wil lbe able to advise you more
    particularly

    Regards
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Hi

    You will find alot of information on Chancel Repair Liability on my ******* *** solicitors website.

    I have posted a few times and am updating on a fiarly regular basis

    You can follow the link on Conveyancing blogs at the ******* *** website. The date of the last post was 24th November.

    Your Conveyancing Solicitor wil lbe able to advise you more
    particularly

    Regards
    You will have to do better if you don't want people to click spam and obliterate you.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • flora48
    flora48 Posts: 644 Forumite
    Tenth Anniversary 500 Posts Combo Breaker
    I have recently bought 2 properties and searches showed that both were in Chancel Charge areas so rather than risk being stung for any charges I took out a 25 year indemnity policy for both, surprisingly cheap at £25 with successor rights and the other £14 without.
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