Chancel Liability - will it show up on the Title Register?

breaking_free

Hi all.

So, I received the searches back from my solicitor today (woohoo). One part of the package was a lengthy document for a Chancel Indemnity Policy. I'm not from the UK so this was the first time I'd heard of it.

Anyway, after much Googling and re-checking of the solicitor's searches I see that no chancel search has been carried out - the solicitor has simply sent me the insurance forms.

I DO have a CofE church close by (I live in St Albans). However, I note that the church was required to register an interest against properties by 2013.

So my question is this: I can go on the Land Registry website and purchase a copy of the Title Register for £3. If a church HAS registered an interest in my soon to be property, will it show up in the Registered Charge section, or in fact any section?

Thanks all.

libf

I seem to remember that it costs barely more for an insurance policy than it does for a search, so I think a lot of times the policy is purchased rather than look into it.

Not sure if that has changed since 2013 though... Still waiting for my searches to come back this time.

breaking_free

Sure, but a land registry title search only costs £3, hence why I'd like to know if the church's interest in my soon to be property will show up there.

If I get an affirmative answer both you and I can save a small bit of money to spend on celebratory beverages :beer:

stator

I don't think it's that simple. I think that if the last people to buy the house purchased it after 2013 and it isn't registered then you are in the clear. But I believe there might still be an issue if they purchased it before 2013.

maninthestreet

breaking_free wrote: »

Sure, but a land registry title search only costs £3, hence why I'd like to know if the church's interest in my soon to be property will show up there.

If I get an affirmative answer both you and I can save a small bit of money to spend on celebratory beverages :beer:

Yes it will show up on the deeds if the church has registered an interest. Is this the first time the property has been sold since October 2013? If it isn't and no interest has yet been registered by the church, there can be no chancel repair liability.

breaking_free

Yes. The last time it sold was prior to 2013.

sheramber

http://blog.landregistry.gov.uk/chancel-repair-liability-still-reigns/


The owner of any property where chancel repair liability is now recorded in its register at Land Registry may be asked to pay by the church authorities.

No other properties in England and Wales can be completely free of the chance of liability until they are now sold with no such notice in their register.

This means that parochial church councils in England and the Representative Body of the Church in Wales can continue to apply to register chancel repair liability for years, decades and centuries to come.

But if they 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 or referred to in the deeds where the property is unregistered.



However, if a search is dnoe and liability established any insurance will be very expensive whereas insurance without liability established will be nominal in comparison.

breaking_free

This is all well and good but the specific question I'm asking is will this "right" or "interest" in my property show up on the land registry title deeds?

Maninthestreet's answer seems to indicate that it will. Can anybody confirm this?

TrickyDicky101

breaking_free wrote: »

Yes. The last time it sold was prior to 2013.

1. Either it will show up - in which case you know there's a potential liability; or

2. It won't show up and since the last time it was sold was prior to 2013 the Church may still be able to register a charge the next time the property is sold.

Hence, even if no charge shows in the register it doesn't mean that you don't have a potential chancel repair liability.

I thought sheramber's post answered your question rather well.

breaking_free

Cheers all. That's that sorted then.

bouicca21

You would be better off reading this before you do anything else.
http://www.nationalarchives.gov.uk/records/research-guides/chancel-repairs.htm

My own search of the catalogue didn't show a result for St Albans.