Chancel repair liability?

Windofchange

Recently brought, and my chancel insurance policy was a tenner - I think for the lifetime that we are in the house, though maybe reading the above it is for a limited period of time. It is such an insignificant amount that I just paid it. 

TN1984

Has it come up as a 'possible charge' in the searches or is it actually registered on the deeds? It is a really important difference. 

If it is just a 'possible' from a search there is virtually no chance it is an issue, and as others have said, a very cheap insurance policy is available for peace of mind. If it is a registered charge on the deeds, I know from experience this can be more problematic, particularly if you have a mortgage; I found out that Santander for example have a policy of not lending on properties with a registered chancel repair liability.

I strongly suspect it is just a 'possible' from the search, and that is what the other replies are also based on, in which case no issue. It is actually pretty rare to be registered on the deeds, as I understand a large number of churches have chosen not to register their charges because of the negative fallout the Church received following on from the Wallbank case.

Hannimal

One off for some duration or until you move out. You can get one for 15, 25, or 35 years. I'd start with 15 as hopefully in that time this idiotic thing will seize to exist.

visi

kayen said:

Mind boggling.  thanks fore your replies.   Are the policies a one off payment or are they due annually?

The articles are a bit tricky to decipher. I read somewhere to the effect that if you make further enquiries it makes you more liable??   

I have had some indecipherable correspondences from my solicitors.  He seems to be saying the same as you, that if you do a search and it turns out there is a liability, then you won't be able to get insurance!  

visi

TN1984 said:

Has it come up as a 'possible charge' in the searches or is it actually registered on the deeds? It is a really important difference. 

I understand a large number of churches have chosen not to register their charges because of the negative fallout the Church received following on from the Wallbank case.

First I think some churches have slapped charges on a couple of cases since the Wallbank one.  Second, how does one find out which churches have chosen not to register?  My solicitor has actually said they don't have a lot of experience in the area we are moving to.  Which doesn't help.  I don't know how such an evil law has not been repealed.  I think Lord Averbury tried a few years ago but it got stopped and never went through parliament.  It is the sheer arbitrariness of this law.  Lots of houses can be liable but they can just pick on one and put all the charges on that one.  We have bought a house, and this has come up during conveyancing and we just can't get a definitive answer.  I am wondering if we are going to have to pull out.

TN1984

visi said:

TN1984 said:

Has it come up as a 'possible charge' in the searches or is it actually registered on the deeds? It is a really important difference. 

I understand a large number of churches have chosen not to register their charges because of the negative fallout the Church received following on from the Wallbank case.

First I think some churches have slapped charges on a couple of cases since the Wallbank one.  Second, how does one find out which churches have chosen not to register?  My solicitor has actually said they don't have a lot of experience in the area we are moving to.  Which doesn't help.  I don't know how such an evil law has not been repealed.  I think Lord Averbury tried a few years ago but it got stopped and never went through parliament.  It is the sheer arbitrariness of this law.  Lots of houses can be liable but they can just pick on one and put all the charges on that one.  We have bought a house, and this has come up during conveyancing and we just can't get a definitive answer.  I am wondering if we are going to have to pull out.

Have you seen the land registry documents yet? Is there anything on it along the lines of: 'UNILATERAL NOTICE affecting the land in this title in respect of a liability to repair the chancel of <CHURCH NAME>'.

That is what was on the deed of a house I tried to buy last year. If there is nothing on the land registry documents with reference to chancel repair liability, you are pretty much in the clear, and a cheap insurance can be bought for peace of mind (although often is not necessary).

If you do have something like that, then it has been registered and it is a bigger problem. I would be less worried about the church ever enforcing it, as I doubt they will, and more concerned about it affecting future sales or making it difficult to obtain a mortgage depending on the lender.

Your issue will be very few solicitors really understand it, as all they are used to seeing is a possible liability from a search (my solicitor had not seen it come up on the deeds of a property in 40 years as a conveyancer).