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

TrickyDicky101

bouicca21 wrote: »

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.

You can see why solicitors just ask clients to pay for the indemnity!

I think I had to shell out £14 in 2011 (realise amounts will differ dependent on location). I've just wasted more time's worth than that reading that link with still no idea if I have a liability or not.

EDIT: to clarify - no criticism of the link contents. Just I am thoroughly grateful I could pay £14 and not worry about it again!

polarization

From what my solicitors told me was if they did the search and confirmed that there are Chancel Liability, you cannot buy the insurance as you knew it, which is not a potential liability anymore.

You will only be free from the Chancel Liability if the property is sold after October 2013, I can't remember the exact date but it will be around 15th October 2013. If the property did not sold after Oct 13, church can still register their interest.

I did some research on that back in 2013. If you are really worry about that, you can ask your solicitor to carry out a premium title check from the Land Registry (I cannot remember what the actual service call but your solicitors should know) before exchange of contract, it will stop anyone to put additional liability on the title deed for 30 days.

This is from my experience when I bought my place in Oct 2013 when potential Chancel Liability flag up in the search.

breaking_free

I've read through the link and all the comments that came after that.

I went ahead and checked the land registry title. Joy, no church interest registered as yet. BUT of course it doesn't stop them registering in the future "sigh".

Ah well.

Bart1

It's a fcuking disgrace. That's wot it is. Believe in the sky pixie if you wish but don't expect me to pay for it

Land_Registry

Our blog article from 2013 seeks to cover it for you from our perspective

12th October 2013 was the relevant date as the LRA 2002 brought in a number of changes whereby these types of interests had to be registered within the next 10 years

The key line in most cases is 'The widely publicised 12 October deadline for registering the right with Land Registry has clarified the legal position but has not removed the liability.'

As posted many conveyancers will recommend taking out the indemnity insurance for the reasons stated - investigating the risk of any liability is I understand seen as increasing the risk so the premium is likely to go up.

The liability, and other similar interests, are matters of law so covered by legislation. It is the government of the day which creates such legislation and is responsible for changing it. Land Registry's role is to record such interests when applied for.

Richard Webster is a very helpful poster on MSE around such matters so it may be worth searching for posts by him on the subject as well if you wish to get a wider view from a conveyancing angle.

martindow

If you are getting a mortgage it may well be a requirement imposed by the mortgage provider. Even if you are willing to take a risk they may not be.

libf

So for a new build due to be finished at the end of year, because this is the first sale, the church would need to register liability before the sale? (The insurance is costing me all of £7.42 so not really bothered about paying it, just interested in how it all works!)

stalkah

libf did you find an answer to your question? My property is a new build and I see a charge of about £80 for Chancel Policy.


I've emailed the solicitor asking for details but waiting a reply atm.

libf

stalkah wrote: »

libf did you find an answer to your question? My property is a new build and I see a charge of about £80 for Chancel Policy.


I've emailed the solicitor asking for details but waiting a reply atm.

I didn't look into it any further because in my case the charge is less than £8 so not worth the effort it would take to figure it out (feels like trying to get blood out of a stone most of the time when dealing with solicitors!)

TrickyDicky101

When you say new build, do you mean you are the first buyer of the property?