Could we really be liable for this archaic charge?
Q We moved to our current address in January 2007. Recently, my wife has become friendly with neighbours who moved into the road in August 2008. They have mentioned something called "chancel repair liability" which their solicitor highlighted during their conveyancing and for which they have paid insurance to a company called CLS . I have researched CLS's website and today paid £15 + VAT for a "chancel check" search. The resulting report claims that our property "is located within the historical boundary of a tithe district within a parish which continues to have a potential chancel repair liability" and goes on to quote a recent case (Aston Cantlow v Wallbank) where a judgement of £265,000 was made in favour of a church under this repair liability. I am then offered a table of policy premiums to insure against the potential cost (up to £3m) or diminution in value of my property for 25 years to perpetuity. I have never heard of this before and certainly our solicitor never mentioned it during our purchase. I can't believe that in the 21st century a local church (they won't tell me which one in case I try and contact it) can simply come knocking for thousands of pounds from residents for repairs. Is this legitimate or is this company trying to make a fast buck out of the more gullible of us? RM A It's all true. In some areas, under the Chancel Repairs Act 1932 , a parochial church council (PCC) has the power to make parishioners pay for the cost of repairs to the church chancel. About a third of parish churches are entitled to recover the cost of these repairs and it's generally from people who now own land which would historically have been owned by the rector of the parish. It also tends to be the right of parishes which have a medieval (or older) church. The chancel check you have done has shown that you (and your neighbours) are potentially liable to contribute to chancel repairs but it doesn't say that you are definitely liable. So it's up to you to decide whether you'd be happy to pay for any repairs out of your own pocket or whether you would rather have an insurance policy. If you decide on the insurance option, one thing you really mustn't do is undertake a formal search to establish whether you are actually liable for chancel repairs. Such a search could – at a cost of around £150 – establish that you are not liable but if it discovers that you are, you would no longer be able to buy insurance. Nor should you try to contact your local church or PCC as such contact might tip them off that they can register their interest against your property title. PCCs have until 13 October 2013 to do this. If they fail to meet the deadline for registering an interest, the general view is that people living in properties who would previously have been liable for chancel repairs will no longer be able to be forced to pay.
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