News & Insights // Beware Chancel Repair Liability


CHANCEL REPAIR LIABILITY - WALLBANKS FORCED TO (SELL) THEIR PROPERTY 

Don't let the medieval chancel repair liability law catch you (or your firm's PI insurance) or your clients out!

The Wallbanks are auctioning the property they own with chancel repair liability in order to cover the costs of the repairs and legal case that amounted to around £500,000. The quantum of damages was unusual and in most instances claims are for £1,000's not hundreds of thousands. 

As Andrew Wallbank said: 

"With the resurrection of this worrying
medieval law no property can, at first glance, be guaranteed safe from a potentially crippling liability. At the very least we strongly recommend that everyone should establish if they are in a risk parish" 

As was highlighted by the Church Commissioners on the BBC Radio 4 programme "You & Yours" yesterday the Church is actively registering properties (at a parish not Church Commissioner level). Over 200 parishes have registered to ensure they maintain this opportunity to charge for chancel repair liability - and many other parishes are considering the liability. 

ARE YOU PROTECTING YOUR CLIENTS AGAINST THIS POTENTIAL FINANCIAL/LEGAL RISK? 

The Conveyancing Handbook states that "consideration should be given as to whether it is appropriate to make enquiries" - in every case. 

The CML Handbook states that conveyancers should carry out "all usual and necessary searches". 

Screening for potential Chancel Repair liability is a usual and necessary search.... 

DO YOU screen your clients properties with a 
ChancelCheck® for only £20 plus VAT? 

OR will it be one of your clients who hit the headlines next? 


ChancelCheck® - a simple, online, screening report that remains the only instant online search that utilises the correct mapping data, includes data on Enclosure Awards and Corn Rents and identifies whether the property is or is not situated within a tithe district of a parish that has the potential to charge for chancel repair liability. 

Should a potential liability be identified, 
ChancelSure® Insurance is available instantly online and includes diminution in value on every policy. 

To order these products simply log on to 
www.clsl.co.uk