Potential Chancel Repair Liability affect value of house?

flora48

£14 Without successor rights, £25 with. 25 years cover. not worth the worry of not having Cancel Liabilty Insurance.

Mickygg

flora48 wrote: »

£14 Without successor rights, £25 with. 25 years cover. not worth the worry of not having Cancel Liabilty Insurance.

Woa even I'd get this. Are you able to share the provider?

Richard_Webster

Have to get it through a solicitor as ancillary to some work he is doing for you. The insurers only deal with solicitors because they don't want lay people asking lots of questions and wasting their time!

flora48

Richard is correct in my case. The cover I got was arranged by my conveyancer. It is with Legal and Contingency and is called Conveyancing Insurance. Just checked the paperwork.

Chancel_Repair_Man

interesting developments in last few days regarding Charity Commissioners and St Eadburgha's church in Broadway.

St Eadburgha's had applied to register chancel repair liability to about 36 properties in Broadway.

Full report on my blog type into google Chancel Repair Liability The Full Monty

Yorkie1

http://www.bbc.co.uk/news/uk-england-hereford-worcester-19335983

AlexMac

I'm really hacked off with this relatively recent money-making wheeze by solicitors and specialist insurers, raised by these gloom merchants in the aftermath of one unique case a few years ago, where a couple fought and lost a court case over a 'chancel charge liability ' to contribute a few grand to repair a local church, under an obscure legal liability, and lost their home to pay the legal costs! I will be pleased when the leeches are foiled by the 2013 changes after which any liability will be on the land register (although I bet there will be a new wheeze).

I've had a few recent experiences, as we have sold and bought both our own home and a second/BTL property in the past 18 months! The convention I adopted was that buyer pays or the buyer bewares. After the solicitor (uninstructed) did a £15 chancel liability check (with a specialist insurer) and (surprise, surprise) had the report that there was a faint chance that we might be in an area possibly subject to a liability (a lot of maybe's) we grudgingly coughed up the £90 insurance on the new house on the grounds that our home is within a lightning- strike of the church at the end of the road, and we'd be mugs to ignore a threat once it was raised.

The same report cropped up on the seaside second home and the buyer tried to get us to pay, so we told him to 'go forth and procreate..'. And when we bought a BTL with the proceeds of this sale last year, we told the solicitor to not even dare to check the liability- on the grounds that I don't want to know about a minutely possible threat that probably doesn't exist but which an insurer would like to protect me against.

So there- rant over. My advice is , dont ask - but having asked, pay up- (may the lord strike me down!)

pommymike

Land Registry Practice Guide 66 states "After 12 October 2013, they [i.e. interests such as CRL losing automatic protection as overriding interests] can be similarly protected provided they bind the then registered proprietor4 but it is probable that a fee will be payable under the Fee Order".
According to Land Registry they do not bind the registered proprietor if he bought after 12 October 2013 and were not then registered. But the Chancel Repairs Act 1932 has not been amended to say so, so who knows if this is right or not, until there is a case on the point? Land Registry assumes CRL is an interest in land, which is not an issue on which there is any decided case.

Land_Registry

An article in our publication LANDNET 25 may help to answer some of the questions raised here. The question of what should be done with these categories of interest formed part of the joint report prepared by Land Registry and the Law Commission prior to the new Land Registration Act (Law Com 271). The LANDNET article also refers to a relevant Court of Appeal case, later overturned by the House of Lords. http://www.landregistry.gov.uk/__data/assets/pdf_file/0010/3043/Landnet_25.pdf

Land_Registry

Just to advise that we have now produced a Public Guide on the subject of chancel repairs as well as other interests which may appear (or not) on the land register.

My original post remains relevant but should be read alongside this Guide for a better understanding of the situation from a title/ownership perspective