News & Insights // Price Update & HMLR Requirements Impact Conveyancers

As from the 20th January 2006 the new price for ChancelCheck® will be £10 plus VAT = £11.75 (inc VAT).

Please ensure that you amend your client care letters to take account of this change.

Land Registry Act forces conveyancers to disclose and register risk results from “full” Chancel Repair searches.

We detail below an extract from the Land Registry Practice Guide 15, December 2005:

Disclosable overriding interests

  • 4.1 When must you disclose an overriding interest?
  • You must disclose overriding interests when making an application for first registration or for registration of a registrable disposition of the registered estate. You must disclose any such interest that is within the actual knowledge of the person applying for registration. There is no need to carry out any special investigation, although you might need to explain to your client what interests should be disclosed.

As a result of the above, if you choose to carry out a full chancel repair search that identifies that the subject property is on a liable plot of land, the result will have to be registered as an overriding interest and the documentary evidence disclosed. This in essence puts the Church on notice. Potentially a “sweep” by the church of all such registrations would allow the picking of some very low hanging fruit – all at your clients’ expense…

ChancelCheck® continues to provide the solution whereby conveyancers can identify potential risk and instigate indemnity cover if deemed necessary without having to disclose or register information with the HMLR.