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The potential liability for chancel repairs has been a real concern for many
conveyancers since the HL confirmed the validity of such claims in Aston
Cantlow [2003]. The liability to contribute towards the cost of chancel
repairs only affects parishes in which there is a mediaeval church, but whilst
this will affect many rural communities, it is also important to appreciate
that it can apply in towns and cities (eg Brighton, Manchester, Bedford,
Lancaster, and even parts of London – Fulham is an oft-quoted example).
Chancel repair liability remains in force, although the church will have to
register such rights within ten years of LRA 2002 coming into force (ie
registration must be by October 2013). So, chancel repair liability will
cease to be a problem for owners who buy after October 2013, provided
the church has not registered the liability by that date. But, in the
meantime, there are real risks involved. Moreover, Parish Church
Councils are being encouraged to seek out the relevant properties (it is
reckoned 35% of all parishes might be affected).
This is a topic we have addressed before.
But, practical advice is thin on the ground. One approach is to have a full
search of the records of the National Archive but that can take a
considerable time (and may cost as much as £150). An on-line alternative
we have come across is ChancelCheck, which does an electronic search of
the old maps to see whether a property is within an at-risk boundary. That
costs £10 + VAT. If it is within such a parish, then insurance is offered (eg
£60 for £250,000 residential cover; £155 for £250,000 commercial
cover). As such, it does seem a relatively painless solution to the problem.
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March 2006 |
