Chancel Repair Liability

Woby_Tide

If the buyer is prepared to walk away because they won't pay up to £150 to cover their own backs then theres probably every probability tehy won't reach exchange anyway

bukup

ChancelCheck charge up to £25,000.00 = £59.88 to cover yourself for 25 years or £113.88 to cover yourself and any prospective buyer for 25 years. Hardly a fortune to pay when you think the local parish church roof could cost ££££££££££££ and you dont have a policy !!! Know what I would rather do.

whirlwind_97

Hi Val, I can definatly say that it is the vendor who pays for the Chancel liability indemity cover. I had one of those reports about the property I was buying having a potential Liability to Chancel repair, and my Solicitor said it was definatly the vendor who coughed up. The reason for this, I have found out after googling is that you cant expect the puchaser to take on the risk, and also expect them to pay for it at the same time, remember they can always walk away from the deal before exchange.
whirlwind97

whirlwind_97

Sorry Buckup, but Its £250,000 for 25 years. And then £500,000 cover for a higher premium, and about £90 to £100 for £1,000,000
Whirlwind97

whirlwind_97

Hi Scouselander, following the "Wallbanks" case the church are cockerhoop, and I understand that at least 8 dioces's have instructed their PCC's to go looking for rectorial land, the owners of who are deemed to be "Lay Rectors", and make sure that that land is placed in the land regitsry by Sept 30th 2013. This is so that they can still make a charge for repairs after that date to people (lay rectors) living on historical rectorial land. The submission by another chat room member who said that the church can't claim against a lay rector after 2013 is in correct, as long as that property is registerd in the land registry, thay can.

whirlwind_97

I,Agree, as I read on a website obout this subject that if you go for the more extensive search, and it proves that you have a definate liabilty on your proposed purchase, there's little point in buying the insurance, because there's a chance they wont pay up if the church made a charge against that property, because it's a bit like getting building's cover on your house when the fire engine's are arriving to put the fire out. It's funny though because the same people who do the search, and say that the higher level of cover is appropriate are also the people who do the indemity cover on Chancel Repair Liability. Best to go for the cheaper cover following the initial report that there is a "potential possibility liabilty to pay for chancel repair", that way at least you remain in ignorance, and should'nt have claim refused, because you had no prior knowledge of a definate liabilty

Woby_Tide

whirlwind_97 wrote: »

Hi Val, I can definatly say that it is the vendor who pays for the Chancel liability indemity cover. I had one of those reports about the property I was buying having a potential Liability to Chancel repair, and my Solicitor said it was definatly the vendor who coughed up. The reason for this, I have found out after googling is that you cant expect the puchaser to take on the risk, and also expect them to pay for it at the same time, remember they can always walk away from the deal before exchange.
whirlwind97

It's not 'definitely' the vendor, it's whoever chooses to pay, pays. The vendor can just as easily 'walk away' if they choose not to bother insuring someone else.

(PS if you use the quote rather than reply button then it allows you to include the context of what you were replying to like this. I know you reference a couple of posters but it helos to show which comments you are talking about to enabe others to follow the conversation. Welcome all the same and thanks for the input)

Running_Horse

We just paid £60 for one of these policies, mainly for a quiet life, and to keep the wheels of the selling process well greased. I plan to write a letter to the local paper inviting the archbishop to reassure the local population (which includes a large number of non-Christians) he will never impose this iniquitous tax, but will probably never bother in the end. I hope someone somewhere stand up to this before long.

thesplodger

My buyer's conveyancer has performed a Chancel liability check and...suprise suprise - a potential liability exists. Has anyone come across a negative result of such a check?

I declined to pay for the insurance as it will not benefit me, I am awaiting their response - hopefully they will decide it is a waste of money too and save an unnecessary expense.

I draw my argument from the Law Society: "The reality is that chancel repair liability only applies to a tiny fraction of properties" - that's good enough for me!

http://www.lawsociety.org.uk/newsandevents/pressreleases/view=newsarticle.law?NEWSID=314363

prutter

thesplodger wrote: »

My buyer's conveyancer has performed a Chancel liability check and...suprise suprise - a potential liability exists. Has anyone come across a negative result of such a check?

]

We had a negative search returned on the property we're completing on this Friday. Considering it's around 500yds from a Church we were pleasantly surprised with the result.

Although, I'm guessing proximity to church and risk of liability bears no actual correlation.....