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Chancel repair liability
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Taff
Posted: 05 August 2012 09:58:59(UTC)
#1

Joined: 30/06/2010(UTC)
Posts: 7
Please read this link on the BBC news page regarding "Chancel repair liability." The idilic picture postcard village of Braodway in the Cotswolds has been rocked to its core. But how many others could be affected by this archaic liabilty law passed hundreds of years ago?

www.bbc.co.uk/news/uk-en...eford-worcester-19068700

Taff
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Jonathan
Posted: 06 August 2012 11:15:56(UTC)
#2

Joined: 09/08/2009(UTC)
Posts: 108
That's typical, the Church of England making people's lives a misery.
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John Lacy
Posted: 06 August 2012 11:58:05(UTC)
#3

Joined: 14/05/2008(UTC)
Posts: 38
This problem has been around for centuries---the problem now is that the church itself is short of cash so is now enforcing the covenants.
The other problem of course is that people have stopped using the local solicitors who know their area and have experience of which local properties are likely to be affected---a cheap deal online may well prove to be a false economy if it lands you with a bill for 10's of thousands of pounds later.
These people affected could always try suing their legal representative for negligence
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David Chapman
Posted: 06 August 2012 13:04:32(UTC)
#4

Joined: 08/04/2008(UTC)
Posts: 39
This was a not unusual situation in previous centuries for what was church land - to carry these covenants - the word to look for both in deeds AND in local place names is GLEBE - if you have any property with any connection to this word it might be worthwhile to get a good local solicitor to take a look - It might save you a fortune !!
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Ladysaver
Posted: 07 August 2012 00:07:51(UTC)
#5

Joined: 05/10/2010(UTC)
Posts: 53
I'm surprised people have got into this difficulty. A standard part of the searches carried out by a solicitor for anyone buying a property is a Chancel Repair Liability search. It's low cost compared to the other searches that are part of the standard package of searches and will shpw if a property carries an obligation to upkeep a church. I've been told these liabilities can occur even in cities. Caveat emptor!
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Chops
Posted: 07 August 2012 12:55:07(UTC)
#6

Joined: 26/01/2011(UTC)
Posts: 5
All true, chancel repair liability searches should be standard as far as I know and have been in my own experience. But my understanding is that it is only really people in small villages who are at risk of being whacked with the really big bills as there are less homes to share the bill between. In towns and cities the amount of housing is so dense that if a church does decide to bill the locals by the time it is split between all the homeowners everyone pays a relatively small amount.
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MR C.
Posted: 10 August 2012 00:58:06(UTC)
#7

Joined: 10/06/2009(UTC)
Posts: 27

Was thanked: 6 time(s) in 4 post(s)
Refuse to pay on religious grounds: state you're not a Christian and threaten them with the Court of Human Rights!
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1 user thanked MR C. for this post.
sgjhaghsdg on 10/08/2012(UTC)
Michael Hall
Posted: 10 August 2012 08:22:25(UTC)
#8

Joined: 10/08/2012(UTC)
Posts: 1
The availability of insurance is not a complete solution to the problem of our outdated chancel repair laws. Often a screening search will reveal that the property is in a parish or tithe district where liability exists, so expensive insurance is taken out which may be completely unnecessary. For example where the parish church has been rebuilt after war damage or where virtually all the liability is either on the parish church itself or the Church Commissioners.
The insurance does not protect you against diminution in value on registration of a notice against your title, but only against the actual amount of any chancel repair bills. The law definitely needsd to be changed as the 2003 registration law has only made things worse. See my
my blog
Write to your MP if you agree. .
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