Chancel Repair Liability

PheoUK

Just wondering - now the deadline has passed if I get a copy of the titles from the LR - and there is nothing on there - do I still have any possibility of CRL against me as the purchaser?

drdpj

Yes. In theory the church could still register it (although they'd have to pay to do so). Given that there was a major push to get it all registered by the 12th October 2013, my gut feeling would be that it's unlikely (and it is just that, a gut feeling, I have no evidence to back this statement up!). Also worth looking at whether it's near a church so could be historic church lands (not always an indicator), has the name "glebe" in the address etc, etc.

As soon as the property changes hands without it registered, it can never be registered against the property.

Is your solicitor trying to push you into getting CRL insurance?

G_M

PheoUK wrote: »

Just wondering - now the deadline has passed if I get a copy of the titles from the LR - and there is nothing on there - do I still have any possibility of CRL against me as the purchaser?

Once you own the property (ie it has changed hands) the Church can no longer register a claim.

So as a buyer, you (your conveyancer) should make a 'Priority Search' of the Land Registry Title. This effectively freezes the Title for 30 days meaning you can use this time to Complete your purchase and the Church cannot alter the Register till the 30 days are up.

PheoUK

I see - so only in the following scenarios could I be liable:

- church has registered - should show on the deeds
- church registers during the process of us buying - hence the lockout

I tried to go back to my Solicitor who was recommending we get CRL insurance - and explain that I wanted to know if liability had been registered - but she just spouted back that it was unlikely but that I might like insurance. I think she's assuming I'm somewhat ignorant, which I'm sure a lot of people are

I'll go back on the priority search point and whether and existing CRL is showing on the title or not (I'm assuming as part of the conveyancing they will have checked the deeds - is this correct?)

Thanks for the assistance!

Ps not aware of any medieval churches, but who knows?!?

drdpj

The entry in the register is only protected when the solicitor does a protected search (usually around exchange) - then it's locked for 30 days.

If you do a search (non-official) of the land registry for £3 now and there's nothing listed, AND your vendor hasn't been informed of a charge having been entered against the property (the land registry will inform them so they can appeal it) AND you're very close to exchange, then I leave it to you, but my suspicion is that the likelihood of anything being registered is very, very, very slim.

If there is a charge against the property it'll be in section C and look something like this:

C: Charges Register
This register contains any charges and other matters
that affect the land.
1 (10.10.2013) UNILATERAL NOTICE in respect of a liability to repair the
chancel of St Cuthbert's Church, Lytham.
2 (10.10.2013) BENEFICIARY: St Cuthbert's Parochial Church Council of St
Cuthbert's Church, Church Road, Lytham St Annes, Lancashire FY8 5PX.

- you can see they squeaked that one in just before the 12th October (I should say this isn't anywhere I'm buying )

McBozo

chancel indemnity isn't too pricey either...

drdpj

Which should say something about the likelihood of them ever having to pay out on the policy

Land_Registry

PheoUK wrote: »

Just wondering - now the deadline has passed if I get a copy of the titles from the LR - and there is nothing on there - do I still have any possibility of CRL against me as the purchaser?

The deadline you refer to has clarified the legal position but has not removed the liability.

If they [Church] fail to identify and register their right before a property is sold, the liability may disappear forever if it is not already in the register.

If your conveyancer lodges a priority search (OS1) then it can 'lock' the register against many interests but not all.

If we take the example quoted here we have an OS1, UN1 and then registration of the purchasee. If the registration of the purchase is lodged during the priority period of the OS1 then we would complete the registration but we would then also register the UN1 i.e. the CRL but with the same date.

Any debate/discussion about any liability would be between the church and the new owner and ultimately subject to judicial review if it went that far.

Clearly the likelihood of such a sequence of events should always be considered but it is important to recognise how things could play out and I would always recommend relying on your legal advice for such matters although the 'real' experiences of others can of course help as well.

If you want to read a little more about CRL then our Blog item contains some basic information whilst Landnet 38 contains a summary of the 12th October deadline and it's effect