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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 medieval church, but, whilst that 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). As we noted previously, some conveyancers choose to have a full search of the records at the National Archive, but that is often an unrealistic approach; apart from taking a considerable time, it can cost as much as £150.
Previously, we mentioned an on-line alternative called ChancelCheck, which does an electronic search of medieval parish boundaries to see whether a property is within an at-risk boundary. The cost is £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). However, we should add that a correspondent argued that the terms of insurance offered by ChancelCheck included an exclusion of liability if damage occured from a risk which was insurable but not actually insured: ‘it could be argued that an obligation to insure on the part of the Parochial Church Council is inconsistent with an owners’ liability for chancel repair and such an exclusion seriously undermines the benefit of the cover offered, as an enquiry of the PCC as to the adequacy of cover would alert them to a third-party liability of which they might be unaware and in any case render void the cover that the owner had taken out’.
In response ChancelCheck have clarified the position and tell us: ‘the intention of the exclusion referred to was not to prevent payment of a claim, but to entitle the Insurers to seek recovery from the PCC if in fact the cost of the repair to the chancel were recoverable under the PCC’s own material damage policy. In order to remedy any confusion, the policy wording is being amended to remove the Exclusion but provide a Condition to allow the insurers to recover any amounts paid from the PCC where appropriate. The net effect is that the client will suffer no loss (as the ChancelSure policy Insurers will pay and have the right to revert to the PCC), and have no need to contact the PCC themselves, as the ChancelSure Insurers will resolve the issue with the PCC and their insurers direct.’
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May 2006 |