News & Insights // Chancel Repair Liability - search, then insure where required

Chancel Repair Liability - Law Society guidance states "where the liability is not recorded in the title deeds consideration should be given as to whether it is appropriate to make enquiries" 

If you just insure your client's property without researching potential liability are you selling them short? 

Clients want to know what affects or potentially affects their property, and pay their conveyancers to inform them not to insure them where it is not necessary to do so. 

Chancel Repair Liability - ask the experts - CLS, providers of 
ChancelCheck® and ChancelSure® insurance. 

There is a simple logical progression if you fail to screen for this potential liability and allow your client to make an informed choice.

  • Should you just insure without a search as some non-experts in the field of Chancel Repair Liability would have you believe is the best solution to this issue?
  • Where subsequent registration and / or claim by the church occurs this leads to diminution in the value of the property
  • On sale of the property or at the end of the term of the policy it will need upgrading - which will be very expensive as a claims history now exists on a matter that was not informed to the client
  • Thus the cost of new insurance is laid at the conveyancer's door as they failed to identify the potential risk
  • This leads to a PI claim against the conveyancer
  • UK conveyancing still operates on the basis that individuals go to conveyancers for advice not insurance - when the American title insurance model crosses the Atlantic the conveyancer's role and fee income will be diminished...
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 and failure to carry one out could result in a PI claim against the conveyancer... 

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? 

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 

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. ChancelSure® Insurance is one of CLS's suite of ConveySure®

Insurance products providing best price, best cover and the easiest online ordering system available to the UK conveyancing market. 

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