Chancel check

G_M

MissWitty wrote: »

As this property is unregistered and we will essentially be the first registrars of the house, then surely there will be nothing on our register to say we are liable for chancel charges and therefore this whole insurance thing is a waste of money?

The advice on this thread (including my suggestion to consult the registered Title) is response tp the OP, dennyjeb, whose propert is registered.

samtheinsuranceman

Please note a few points:

- whilst a liability may not necessarily be registered against the property (post 2013), this is untested at case law, and many solicitors and/or lenders will still insist that cover is purchased
- the vendor may well have cover from when they purchased the property, so it is always worth asking. Indemnity insurance generally lasts in perpetuity, but there are some restrictions on chancel cover from some providers (for example CLS)
- the Wallbanks case was not a chancel repair case, it was in fact written into a deed which was drawn up within the initial transaction, and the repair they were asked to contribute towards was in reality more than for merely the 'chancel' part of the church
- that said, there have been several chancel repair claims (trust me, I work in the legal indemnity market) but these are generally settled very quickly and are for small amounts. Do the maths: if a church requests a liability of £500,000 and there are 5000 properties within the tithe parish, then it is £100 each
- I would very strongly advise against asking the local vicar. If the vicar says yes, you are legally obliged to let the insurer know (Insurance Act 2015) and this will likely invalidate the availability of any cover

My recommendation would be anyone purchasing a property get cover for a nominal amount that will protect you, i.e. £25,000 - if you get this from a decent broker, you will be paying no more than £10. If the solicitor bolts on an 'arrangement fee' for doing this, then ask them to remove it, or challenge whether they are regulated by the FCA to do so. If you kick up a stink they will likely reduce or remove it. Any questions, please let me know.

samtheinsuranceman

No, a chancel repair liability is not something that automatically appears (other than if the interest was registered post- October 2013). If you are registering the property for the first time, then the house has obviously not transferred since about 1963, and as such there would be no exemption post 2013 changes. If the property is liable because of the ancient parish boundaries, then you will have no idea without carrying out a search, but you will likely find that cover on a nominal amount of, say £25k, will be enough to see you through, and will likely be cheaper than a formal search, which is often inconclusive anyway.

PPENNYYY

Hello,

I am just selling my house and i have been asked to pay for this insurance. The thing is i know i paid for this insurance why i bought the house 9 years ago. I cannot find any evidence of doing so. Is there any way i can search to find out if my house already has this insurance registered somewhere?

Thanks