BUYING & SELLING

SOLUTIONS

CHANCEL REPAIR LIABILITY

Chancel repair liability is a medieval anomaly that granted Parish Churches powers to charge landowners for the upkeep of the chancel of the church. It is just as relevant to conveyancers today as when originally granted.

 
ChancelCheck® is a unique, instant, low cost screening report designed to identify parishes where there is a continuing potential to charge for repairs to the parish church chancel. ChancelCheck® offers the following benefits:
  • Identifies potential chancel repair liability for property owner.
  • Uses a simple, easy-to-use ordering system.
  • Results are delivered instantly via email.
  • Available online 24/7.
Where a property is affected, conveyancers who have failed to screen for this risk may be deemed negligent.
ChancelCheck® Premium is a unique, online, low cost screening report designed to analyse a large area of land to identify where there is a potential to charge for repairs to the parish church chancel, for only £75 + VAT.
BENEFITS & USE:
  • Offers a cost effective solution for large areas of land (radius over 25 metres).
  • The address of the property is an OWPA (Object without address, such as 'land at') so drawing a map is easier than selecting an address.
  • A property that may fall within or across more than one parish.
  • Any property in the vicinity of Central London.
  • Where the property is commercial premises.
A Full Chancel Repair Search costs £100 plus VAT and will take up to 10 working days to complete.
For this search a researcher will visit the National Archives in Kew to determine whether a property has a definite liability. The result will show the following:
  1. which medieval Parish the property falls within as shown on the relevant tithe map (a copy of which will be attached to the search);
  2. whether the parish has any liability within it;
  3. it will also show which plot number the property is on as listed in the Records of Ascertainment (a copy of which will be attached to the search), whether that plot is liable and how much liability that plot has
If the Full Chancel Repair Search comes back with a definite liability then the solicitor who ordered the search is under a legal obligation to register the liability with the Land Registry and this will be entered onto the properties title deeds. In this scenario the standard ChancelSure® premiums would not apply, and a bespoke policy would be required – contact express@clsl.co.uk for a bespoke quote.
Chancel repair liability is a medieval anomaly that granted Parish Churches powers to charge landowners for the upkeep of the chancel of the church.
Chancel repair liability is still an overriding interest and currently attaches itself to land regardless of whether or not the liability is noted against the title, making the prospective risk unquantifiable.
On 13th October 2013 the 10 year period granted by the Act within which the Church could register its interests with impunity lapsed. However, the liability did not stop, now the Church can still register unless the property in question has transacted for valuable consideration and the disposition has been registered with the Land Registry since 12th October 2013 in which case they have lost the right to register their interest.
ChancelSure® policies offer AA- rated insurance that provides your clients with the highest and most consistently rated security in our market. It has been specifically designed to work in conjunction with ChancelCheck® and is fully compliant with both lender and Law Society requirements. Click here to learn more.
CLS have sourced data from the relevant Inland Revenue Indices housed at The National Archives. Our historical parish boundary data is derived from the most accurate and comprehensive geo-rectified historical maps and uses modern GIS methodology to pinpoint the location of the modern property in relation to the historical parish boundaries.
The National Archives data is used as the industry standard data for chancel repair searches.
Once the ChancelCheck® or ChancelCheck® Premium has been ordered, it will be returned to you instantly via email.
CERTIFICATE
If the property falls within a parish or parishes that do not have the ability to claim for chancel repair liability, the search will be returned as a Certificate.
REPORT
If the area of land selected falls within a parish or parishes having the ability to claim for chancel repair liability, a potential liability will be identified and the search will come back as a Report.
Where an issue has been identified, ChancelSure® policies offer AA- rated insurance that provides your clients with the highest and most consistently rated security in our market. It has been specifically designed to work in conjunction with ChancelCheck® and is fully compliant with both lender and Law Society requirements. Click here to learn more.
Chancel Repair Liability DIDN’T stop on the 13th October 2013, please click here for some common misconceptions regarding this thorny issue.