News & Insights // Conveyancing Handbook (13th Edition, 2006) revises editorial content regarding Chancel Repair Liability


New wording clarifies that if there is no reference to chancel repair liability within the title documents, you SHOULD CONSIDER if it is appropriate to make further enquiries. (See page 238, section B 10.6.9)
 

The Handbook confirms that the risk attaches to properties in both England and Wales, that properties do not have to be close to a church to be affected and that they do not have to be in a rural location.

Deciding whether, in addition to perusing the title documentation, further enquiries are “appropriate” in any particular transaction is left to the practitioner.

Given the following facts, you may consider that carrying out a ChancelCheck® is “appropriate” in every transaction:

  • Every county in England and Wales has medieval “risk parishes”
  • Diocese are already actively registering property, in advance of the 12/10/2013 deadline
  • The risk affects property in towns and cities as well as rural areas
  • Liable land can be located anywhere within the “risk parish”, not just near a church
  • 100,000’s of properties are located on “liable land” within the medieval “risk parishes”