Chancel repair liability

evoke

My solicitors are trying to scare me into taking out Chancel repair liability indemnity insurance by mentioning property owners who have faced 5-figure demands for payment from churches.

This goes against most of the advice i've read on here and elsewhere.

Should I tell my solicitors to roll up their chancel repair indemnity and stick it where the sun doesn't shine?

Jenniefour

Definitely not - you need to ask your solicitor to explain to you very clearly why it's needed for the particular property you are buying.

Cissi

I've never seen such advice here! If your solicitor is recommending it, I'd definitely take out the indemnity insurance - he's right, for the sake of saving a few tens of pounds you run a small risk of incurring huge charges later. And if you do the detailed searches and they come back positive for your property, then the insurance goes up by a lot too (or you may not even be able to get any).

timmyt

Your conveyancer is on your side. It is your call but small premium. Your call as your convincer like most cannot say if you will get caught hence the option of insurance.

ovoreo

I took it out as my property (a new build) was on 'virgin' land and it was recomended. It was a small premium (about £5) for peice of mind.

lavandergirl_2

http://en.wikipedia.org/wiki/Chancel_repair_liability

Have you had a Chancel Check?
Does it say?

'house is located within the historical boundary of a parish which continues to have a potential chancel repair liability based upon historical parish boundary data...'


http://property.timesonline.co.uk/tol/life_and_style/property/article686771.ece

http://www.peterboroughdiocesanregistry.co.uk/chancels.html

lavandergirl_2

Daily Mail?
http://www.dailymail.co.uk/news/article-1216730/Couple-forced-sell-farm-500-000-pay-repair-church-Shakespeares-parents-married.html

or House of Lord Judgement?

http://www.publications.parliament.uk/pa/ld200203/ldjudgmt/jd030626/aston-1.htm

evoke

lavandergirl wrote: »

http://en.wikipedia.org/wiki/Chancel_repair_liability

Have you had a Chancel Check?
Does it say?

'house is located within the historical boundary of a parish which continues to have a potential chancel repair liability based upon historical parish boundary data...'


http://property.timesonline.co.uk/tol/life_and_style/property/article686771.ece

http://www.peterboroughdiocesanregistry.co.uk/chancels.html

Yes, I have just read the ChancelCheck Report and it does state a risk of liability.

My solicitors have quoted £59 for the indemnity insurance.

Jenniefour

£59 - worth every penny.

timmyt

the buyer pays and any conveyancer asking the seller to pay shows themselves as junior, watch for that. a seller also should not pay, as these postcode searches are barely worth the paper they are written on as they do not state a liability so asking for a seller to pay is rich to say the least.

it is seen as an overhead of living there. not a defect of title at all.

evoke

Agreed. I've asked my solicitor to take out the Chancel Repair Liability Indemnity Insurance for me at completion.