Chancel Repair Liability

Ells_2

We are in the final throws of purchasing a house. When up pops a fly in the ointment. In the title deeds there appears to be a small clause that says we are liable to pay for repairs to a part of the church. Apparently this is quite common for houses that have been built on church land. So far (about two weeks in) nobody seems to understand the liability if it is legally binding etc.

On searching (googling) the net there was a case last year where one couple got taken to court to pay for their liability :eek: , and it was not a small amount!

How do you find out if you are liable and what proof do I need to acquire, so that when I come to sell I do not hit the same hurdle?

Thanks.
:cool:

MarkyMarkD

If it's in the deeds, why wouldn't it be legally binding?

I should have thought that you'd be best advised not to bother buying the house, when there's a huge contingent liability resting upon it.

Your solicitor ought to be advising whether it's an onerous obligation or not, and the buyer ought to be sorting any necessary evidence of non-liability if it's possible to do so.

Hope that helps - and welcome to the site.

(And, by the way, it's throes not THROWS).

Ells_2

Apparently the solicitors have done a search and the liability is very real as in the Church could come and knock on out door for money repairs. They are currently looking at the extent and if Indemnity can be purchased to cover this.

On a seperate note how on Earth is it possible to speed up communication between solicitors. We are currently playing ping pong through the post with Queries. This means it take a week to raise one question and get an answer that then may raise more questions.

Is there any way to get solicitors to get going.

Thanks.
Ells.

loanranger_4

I strongly recommend using email. I refuse to write letters to mine and respond to their letters via email. You can also ask that they respond saying that they have received it.

As for solicitor to solicitor communication I think it aint English.