Chancel Repair Liability EUGH!!

swain90

swain90

swain90

Associate
Joined
7 Aug 2012
Posts
949
Hi All,

Please excuse the post but I feel I need to vent about chancel repair liability, there's just no need for it!

I'm just in the process of buying a house and had an email from the solicitor advising we have a chancel search done one as there's a church ~140 meters down the road. They're asking £30 for it to be done which isn't the problem it's just the fact this this..."law" still exists.

I've emailed the church in question to see if this should apply, as well as getting in touch with the vendors to see what they say.

This is how I feel;

l56Nx1G.jpg
 
I don't disagree, it's particularly unfair given that it has legal precedence that you can't fight it. Previous attempts to refuse to pay have led to the Lords who ruled in favour of the Parish Council.
 
I had the same problem,

However when walking back from the PUB I make it point of taking a **** in the church grounds. It just makes me feel better on both levels.
 
I was reading an article about a couple who were approached by the COE for repairs on a church for £10k the couple said they'd pay if they would be excluded from any further claims. THe COE said no, they went to court, turned out the church needed £250K worth fo repairs, the couple lost in court and then had to pay a further £200k worth of legal fees. It's just a joke.
 
Ask him why this is necessary on the basis that it ceased to be an overriding interest in 2013. He may say "unregistered land" in which case - fuuuu.
 
Last edited:
swain90 said:
Out of curiosity, did you pay for insurance? and if so...how much (If you don't mind me asking)?
Click to expand...

No.

I would sooner lose everything than give it to the church, then I would burn the church down and run around saying not to worry GOD will save it for you.
 
Nitefly said:
Ask him why this is necessary on the basis that it ceased to be an overriding interest in 2013. He may say "unregistered land" in which case - fuuuu.
Click to expand...

I didn't know it existed, but a quick Google says it didn't cease. It's just they had to specifically register land/buildings by 2012. Hence the search is still needed.

Very much should be scrapped.
Someone start an online partition. Usually these petitions don't make any difference, but then they only get thousands, surly in this society. You would easily get millions.
 
The issue is that even after October 13, notice may still be registered - apparently due to the wording of section 29 of the Land Registration Act 2002. If the property has been sold again since Oct 2013, then as the current buyer you wouldn't need to worry. If the current owner (your vendor) has been there since before the deadline, then it may apply - hence the search and if necessary, insurance.

I'm currently buying and as part of my purchase costs I've got the search fee (£30 I think) plus an £18 indemnity policy that covers £1m of Chancel repairs. The house has only had one owner since 2008, so it could apply in my case.

It's really annoying for sure, but I'd rather spend the money now to insure myself against any repercussions later on.

And yes, I totally agree that this ancient law needs to be brought into the 21st Century - i.e. scrapped.
 
Borealis said:
The issue is that even after October 13, notice may still be registered - apparently due to the wording of section 29 of the Land Registration Act 2002. If the property has been sold again since Oct 2013, then as the current buyer you wouldn't need to worry. If the current owner (your vendor) has been there since before the deadline, then it may apply - hence the search and if necessary, insurance.

I'm currently buying and as part of my purchase costs I've got the search fee (£30 I think) plus an £18 indemnity policy that covers £1m of Chancel repairs. The house has only had one owner since 2008, so it could apply in my case.

It's really annoying for sure, but I'd rather spend the money now to insure myself against any repercussions later on.

And yes, I totally agree that this ancient law needs to be brought into the 21st Century - i.e. scrapped.
Click to expand...


The house is ~7/8 years old and the vendor has had it since new, so would be below the 2013 "ruling". I think I'll end up paying (like you have), but it's just a joke.

I wonder if the ruling works the other way round, if I need repairs I can ask the COE ???
 
I'm a member of the Church or England. If it were down to me I'd be getting rid of Chancel Repair Liability (CRL) ASAP. I'm also on a Parish Church Council (PCC) but it's not something that's ever come up while I've been on it. In fact we're currently planning for a major re-ordering (i.e rennovation) project to the tune of a few hundred thousand and none of that will come from CRL.

Actually, the CofE's General Synod voted in 1982 that Chancel Repair Liability be phased out over 20 years. Unfortunatley the Synod has a bit of a history of voting for legislation doesn't actually get acted on in terms of revising Canon law. And here we are with Chancel Repair Liability still in place.

Local decisions on CRL are down to the local PCC. I hope you get a satisfactory response from the church. Many won't use CRL on principle (or would at least leave it to a last resort). Getting in touch with the church is a good idea though.
 
Last edited:
Still waiting to here back from the church! As for the estate agent I don't think she understands what I'm asking....which doesn't sound good!

I'm glad to hear that people are wanting CRL gotten rid off. The Aston Cantlow -v- Wallbank case is absolutely ludicrous.
 
Just be careful. Chancel repair liability insurance might come with a clause to say that you are not to declare to anyone you have it. Solicitors often obtain pay it as it can be cheaper than paying to check if you are liable.

So getting in touch to ask the church might not have been such a good idea. Theoretically, if they know, nothing stopping them claiming repair costs from you.
 
DB_SamX said:
Just be careful. Chancel repair liability insurance might come with a clause to say that you are not to declare to anyone you have it. Solicitors often obtain pay it as it can be cheaper than paying to check if you are liable.

So getting in touch to ask the church might not have been such a good idea. Theoretically, if they know, nothing stopping them claiming repair costs from you.
Click to expand...

I read something just after I had sent the email.

You can't bloody win!
 
I queried this with my solicitor, advice was just put insurance in place
If you question and get the news that you are liable you will have to declare for insurance purposes and then it will cost a fortune.
This is a case of better off not knowing, was something like £30 for the policy, not worth taking the risk
 
You must log in or register to reply here.
Back
Top Bottom