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CML Handbook - chancel repair |
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One disappointment for conveyancers is the continuing failure by the
CML Handbook to give any clear guidance on what to do about chancel
repair liability. The advice from CML is: ‘it is up to the conveyancer to
decide what searches and enquiries are appropriate for each
transaction. You may wish to refer to the Law Society’s Handbook on
this issue’. That is hardly helpful.
But, what does the Law Society’s Conveyancing Handbook say about
chancel repair?
‘Enquiries may be made using commercial products that determine if a property is
located in a parish where there remains a potential to enforce chancel repair liability,
but these products are not property specific. Property-specific inquiries may be made
by conducting a personal search... at the National Archives. It is understood that these
records are incomplete.
Insurance may be considered as an option following the results of a search, or as an
alternative to searching. Insurers may require confirmation that no enquiries of the
local church have been made regarding chancel repair liability.’
The fact of the matter is that the potential for chancel repair liability is a
‘black hole’ in the conveyancing process. It is virtually impossible to
ascertain whether it exists and what the potential liability may be. Until
such time as reforms are introduced, then practitioners will have to use
products such as ChancelCheck (whatever their misgivings). . © Practical Lawyer
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June 2007 |
