Chancel Repair Liability

tim123456789

DaftyDuck wrote: »

.... and the Church of England!

The church originally sold the property cheaply because it came with this liabiliy.

It's not their fault that a subsequent buyer "lost" this detail when he sold on, so that he could reap a windfall profit (and yes, that IS what happened).

tim

ValHaller

DaftyDuck wrote: »

G_M wrote: »

..... has made this insurance a nice little earner for the insurance industry....

.... and the Church of England!

.... who own the insurance company?

[Deleted User]

Some advice from my solicitor which may help:

I asked the solicitor about whether the chancel search was necessary, as it costs £40. The property I have had an offer accept on is 0.3 miles from the nearest church. The solicitor said that the search doesn't tell you whether you're liable, only whether you're likely to be liable, which is quite likely under the circumstances. An indemnity policy costs around £70, so I'm probably better off just getting the policy, rather than paying £40 for the search and then another £70 for the policy.

shortchanged_2

Just tell them you're a muslim and that any such charge would be a repression on your faith.

G_M

shortchanged wrote: »

Just tell them you're a muslim and that any such charge would be a repression on your faith.

It's a nice arguement, but sadly it would cost you a fortune to take through the courts, to Europe, to prove your case!

G_M

Richard_Webster wrote: »

Yes, it is only properties that are sold from 13th October 2013 that become free from liability following the sale if nothing has been registered beforehand. If you buy before that date, even though nothing has been registered, then the liability still remains - although as the years go on it will be more and more expensive and time consuming for the church to find such properties if it wants to collect any money.

Aaagh!

Is that so Richard?

I've lived here for 15 years and recently have been crossing my fingers that the Church does not register a liability on my property before October.

Do you mean after October I will still not be safe?

Is there any way I can protect myself (OK - I guess insurance) like Transfer the property to my sister and back? (Errr.... Stamp Duty, Capital Gains, Land Registry fees.........)

oops.

yorkshire_terrier_owner

I'm completing on my purchase tomorrow and I've had to take out the insurance as my lender has said they require it. The chancel check has shown that the property I am purchasing is within an area that the church could call on to pay for repairs. Cost me £60 for 25 years cover which is transferable to a new owner if I sell in the future.

[Deleted User]

Dan-Dan wrote: »

Your solicitor?
That`s what your paying him for isnt it?

How do you know the solicitor isn't a woman?

G_M

Originally Posted by Dan-Dan
Your solicitor?
That`s what your paying him for isnt it?

[Deleted User] wrote:

How do you know the solicitor isn't a woman?

So you recommend....?

"That's what you're paying him/her for..."
"That's what you're paying them for..."
"That's what you're paying it for..."

And how about transexuals.... or third gender, or genderqueer persons?

Land_Registry

G_M wrote: »

Aaagh!

Is that so Richard?

I've lived here for 15 years and recently have been crossing my fingers that the Church does not register a liability on my property before October.

Do you mean after October I will still not be safe?

Is there any way I can protect myself (OK - I guess insurance) like Transfer the property to my sister and back? (Errr.... Stamp Duty, Capital Gains, Land Registry fees.........)

oops.

Our Practice Guide 66 backs this up - see section 6 specifically

In your scenario G_M the Transfer would have to be for valuable consideration i.e. a sale and not a gift to a third party it seems

An article in our online publication Landnet 32 may also be of wider interest - scroll down (roughly halfway) to the section entitled Overriding interests: a date to remember