Chancel Repair Liability

Mani_London

Hi everyone,
I am in need of some guidance in regards to Chancel repair liability. I am FTB and local searches have revealed the property is in an area which continues to attract chancel repair liability. Can anyone advise what is that ? Can this be a stumbling block of us exchanging and doing completion before 31st of march. My Solicitor has asked below question to vendors solicitors:

1. Whether your client has a chancel indemnity insurance policy that can be transferred to our client on completion.
2. If not, please confirm that:

                                                               i.      The Property is less than 5 acres.

                                                             ii.      There has been no communication which the church authorities in relation to chancel repair liability.

                                                           iii.      Your client is not aware of any payments or demands having been made in respect of chancel repair liability.

Any help of reassurance would be great.

Thanks

Robin9

There is not a Church Council in the land that will enforce CRL even it has been proved to apply.  Such was the bad publicity following the Aston Cantlow case.

Write to the Church concerned and ask them to confirm.  Details of contact at "A Church Near You"

Mani_London

Robin9 said:

There is not a Church Council in the land that will enforce CRL even it has been proved to apply.  Such was the bad publicity following the Aston Cantlow case.

Write to the Church concerned and ask them to confirm.  Details of contact at "A Church Near You"

Thanks @Robin9 for your reply. In terms of my solicitors raising this query will they be satisfied if I write to Church and they confirm that or you think tis is a routine exercise from them as you say that is not no Church Council that will enforce CRL

bellaboo86

If you’re concerned about it, I’m pretty sure you can buy indemnity insurance for it for around £50.  

davidmcn

Mani_London said:

Robin9 said:

There is not a Church Council in the land that will enforce CRL even it has been proved to apply.  Such was the bad publicity following the Aston Cantlow case.

Write to the Church concerned and ask them to confirm.  Details of contact at "A Church Near You"

Thanks @Robin9 for your reply. In terms of my solicitors raising this query will they be satisfied if I write to Church

Under no circumstances should you try contacting the church about it! Talk to your solicitor, they are the ones you are paying to give you advice. Contacting the church would invalidate any indemnity insurance (if that ends up being the solution).

Mani_London

davidmcn said:

Under no circumstances should you try contacting the church about it! Talk to your solicitor, they are the ones you are paying to give you advice. Contacting the church would invalidate any indemnity insurance (if that ends up being the solution).

Thanks @bellaboo86 I have spoken to my Solicitor and he said lets see what vendors conveyancing team reply and will look into the options then. But thanks for pointing out the indemnity insurance as i can see this to be the option if there are any delays. 

Mani_London

davidmcn said:

Under no circumstances should you try contacting the church about it! Talk to your solicitor, they are the ones you are paying to give you advice. Contacting the church would invalidate any indemnity insurance (if that ends up being the solution).

@davidmcn I will wait for my solicitor response. Will get back in case i need further guidance. 

Natbag

I've just had the same regarding a 'local medieval church'. We've been told we can either pay for chancel insurance at £17 + £10 fee, or we can pay for a specific search to see if we would be liable, but that could then push up the price of the insurance if it's found we would be. The letter also states a case dealt with by the courts some time ago ruled chancel liability of £96k, so I'm thinking for £27 we might be best not taking the risk.

Seashell517

My conveyancer bought liability insurance instead of doing the search. The insurance is usually pretty cheap?

Mani_London

Thanks @Natbag and @Seashell517
I am just waiting for pre contract enquiries in regards to this, else will buy the insurance

[Deleted User]

100% agree never contact the beneficiary - ie the Church
Just like the advice is never to contact planning dept / building regs when approvals are missing.
Any contact always invalidates indemnity insurance - so the advice above to contact the Church is wrong and extremely bad advice