http://www.chancel.org.uk/forum/ Chancel Repairs Forum Forum: Chancel Repairs en Thu, 29 Jul 2010 15:11:21 +0000 http://www.chancel.org.uk/forum/topic/chancel-check-report#post-33 Sat, 08 May 2010 12:20:31 +0000 brucejohn 33@http://www.chancel.org.uk/forum/ <p>I am amazed that you can give this advise. Why should anyone be expected to pay for anyone else's<br /> insurance? Surely the new owner should insure themselves against any repair costs! I am also in this<br /> situation and will certainly not be paying up - £53! Rock the boat, indeed!!?? My buyer really wants<br /> this house, and if she pulls out because I won't pay for her insurance - £53!!?? - I'll be flabbergasted,<br /> but quite happy to put it back on the market.</p> <p>Can you explain why the seller is being asked to pay for this? Why not the buyer? What happens if the<br /> seller does not pay - is that against the law? I doubt it. And I think you ought to be advising the seller<br /> to act within the law. Why are solicitors even sending such a request to the seller? It brings the<br /> Conveyancing procedure into disrepute; it's vexatious. </p> http://www.chancel.org.uk/forum/topic/individuals-liability-for-repair-and-maintenance#post-32 Fri, 30 Apr 2010 16:39:04 +0000 mollylotty 32@http://www.chancel.org.uk/forum/ <p>Hello there!<br /> Happy Bank Holiday to you.<br /> I am looking to purchase my first home and have hit a stumbling block.</p> <p>I will try to be brief :-)</p> <p>The situation:<br /> There is a new development of 2,700 properties<br /> The houses will sit aside a large country park (also to be built by the developers)<br /> The developer will gift the country park to the local council.<br /> The residents will pay £120 a year for "maintenance and repair" of the country park<br /> Anyone can use the country park even though the residents are paying for it (and their council tax) hellishly annoying but not the issue!<br /> The contract states residents are liable for the cost of "maintenance and repai"<br /> I am concerned about any liability beyond the £120 a year<br /> For example if there was a repair bill of £2,000,000 and there was a shortfall<br /> each property would have to pay xyz amount- an equal portion of the shortfall.</p> <p>The relationship to Chancel:<br /> I am quite willing to pay a private insurance - like the chancel coverage insurance to cover me for my own liability - as long as it is a reasonably small sum.<br /> However it would be difficult for an insurer to quantify the risk.<br /> - this isn't something suggested by the builder, just something i thought of. I was talking to an acquaintance last night and he told me about the Wallbanks' case.<br /> From reading the Wallbanks website I am wondering if infact I would be covered by the Human Rights Act<br /> "The HRA would normally protect private individuals from unreasonable, arbitrary, and unfair demands by statutory bodies."<br /> However, it wouldnt be an unfair and unreasonable demand if I had willingly signed up to it in the first place.</p> <p>People I speak to, all seem to say, don't touch it with a barge pole. but I love the property and location!</p> <p>if anyone has any ideas or advice I would be very grateful</p> <p>Lastly, I must just give my utmost sympathies to the Wallbanks, I have only been dealing with this six weeks and am tearing my hair out :-) wow the stress they have been put through. </p> <p>Best Wishes, Charlotte </p> http://www.chancel.org.uk/forum/topic/chalbury-pcc-rejects-chancel-repairs-claim#post-31 Fri, 09 Apr 2010 17:19:27 +0000 marksteer 31@http://www.chancel.org.uk/forum/ <p>I come a little late for this subject but I was asked recently asked to look into the matter by our local (Devon) PCC. The overwhelming reaction is one of disgust that the Church should even contemplate pursuing these archaic claims.<br /> I know the legal case. Where is the morality ? Can anyone enlighten me please. </p> http://www.chancel.org.uk/forum/topic/chalbury-pcc-rejects-chancel-repairs-claim#post-26 Wed, 28 Oct 2009 18:38:33 +0000 admin 26@http://www.chancel.org.uk/forum/ <p>I think it would depend on your meaning of lease.</p> <p>If you are tenant the liability would fall on the property owner ie your landlord.</p> <p>If you are a leaseholder, i think technically the liability would fall on the freeholder of the property but they would (depending on the exact terms of your lease) likely be able to reclaim any monies from you as a leaseholder. </p> http://www.chancel.org.uk/forum/topic/chancel-a-buyers-market#post-25 Wed, 28 Oct 2009 18:34:00 +0000 admin 25@http://www.chancel.org.uk/forum/ <p>I don't think this will have any impact when you sell the property.</p> <p>Though to be on the safe side you can take out a successor indemnity insurance policy that will provide indemnity cover to the new owner of your property too.</p> <p>You should also rememer that unless a liability is lodged against your property by the 13th October 2013 (with the land registry), no Chancel liability can be 'pinned' on your property. </p> http://www.chancel.org.uk/forum/topic/chalbury-pcc-rejects-chancel-repairs-claim#post-24 Mon, 26 Oct 2009 16:58:44 +0000 hsykes18 24@http://www.chancel.org.uk/forum/ <p>If I was to lease a property that was liable to chancel replairs, who would be responsible the lease holder or the tenant?<br /> Does chancel repairs only apply to home/land owners or does it affects people who rent or lease a property? </p> http://www.chancel.org.uk/forum/topic/chancel-a-buyers-market#post-21 Thu, 15 Oct 2009 09:05:55 +0000 allib 21@http://www.chancel.org.uk/forum/ <p>I am currently in the process of buying a property and the chancel search has shown that the property is in a "potential" liability boundary. Although I am aware that many properties come under this heading and there is insurance to cover potential claims I am concerned that this may impact on the potential to sell the property. Witht he current financial climate buyers are very cautious regarding anything that may affect their investment. Any advice? </p> http://www.chancel.org.uk/forum/topic/chancel-check-report#post-20 Fri, 09 Oct 2009 12:39:54 +0000 admin 20@http://www.chancel.org.uk/forum/ <p>Hi Sarah</p> <p>I'm not sure on the age of the church part but regarding the age of your house that really won't make any difference if the land has this obligation.</p> <p>I think you'll find most houses get flagged as 'at risk' or whatever they call it.</p> <p>Its one of these things you just ought to have, you'll probably have to bite the bullet and take out an indemnity policy on behalf of the new owners. You could play hardball and make them pay but for the cost of the policy it might not be worth rocking the boat. </p> http://www.chancel.org.uk/forum/topic/chancel-check-report#post-18 Tue, 29 Sep 2009 17:25:11 +0000 Sarahrobinson 18@http://www.chancel.org.uk/forum/ <p>Hi</p> <p>Can somebody help please? We're just in the process of selling our house and our buyers solicitors have said that our house has been identified on a Chancel Check Report but we have never heard of this and wasn't made aware of it when we purchased the house 6 years ago. I have just spoken to the vicar at our local church and he laughed when I told him as he said that they have just undergone a £250,000 refurbishment project which was paid for by the church. He said that the church was only built in 1824 and therefore, this chancel repair liability isn't applicable. He also said that it wouldn't be applicable because our house is only 10 years old!!</p> <p>Can you please clarify that this is correct before I respond to the Solicitor.</p> <p>Thanks very much in advance. </p> http://www.chancel.org.uk/forum/topic/chalbury-pcc-rejects-chancel-repairs-claim#post-14 Tue, 02 Jun 2009 10:08:40 +0000 admin 14@http://www.chancel.org.uk/forum/ <p>More info here: <a href="http://www.charlbury.info/cgi-bin/dnews.cgi?id=398" rel="nofollow">http://www.charlbury.info/cgi-bin/dnews.cgi?id=398</a></p> <p>Due to concerns from homeowners and prospective purchasers, the Parochial Church Council of St Mary's Charlbury with All Saints' Shorthampton met on the 9th MArch 2009, and voted on the subject of possible Chancel repair liability from the churches within the parish.</p> <p>The result being that whilst the PCC were not aware of any possible Chancel repair claims (or liabilities), if at a later date an liability was discovered the liability on property owners would not be persued.</p> <p>This is great news for anyone living in this parish, if only more PCC's would follow suit. </p> http://www.chancel.org.uk/forum/topic/useless-website-here-is-how-you-do-a-search#post-12 Wed, 01 Apr 2009 15:10:23 +0000 theresa 12@http://www.chancel.org.uk/forum/ <p>Insurance is your only answer, a mere pittance. bear in mind that a<br /> chancel is only payable on a medieval church that is still standing<br /> it may not be anywhere near you, but as solicitors are looking into<br /> properties closer don't presume it can't happen to you. Try entering<br /> HELLISH BILLS FOR CHURCH CHANCELS and read. The problem is finding out<br /> which church could bill you. Inland revenue want £100.00 to disclose this imformation </p> http://www.chancel.org.uk/forum/topic/useless-website-here-is-how-you-do-a-search#post-4 Thu, 01 May 2008 17:15:55 +0000 kpanc 4@http://www.chancel.org.uk/forum/ <p>I have just come across this as well. My solicitor is stating that the cople buying my property ( build in 1964) have completed a search and it has come up as 'potential high risk' there is nothing on the deeds and it was never mentioned when we brought the property only 2 years ago.</p> <p>I have tried to speak to our local church vicar who says he has heard of it but never known it to happen since and wasn't aware of any liability in the town. Unfortunatley he is un willing to send my solicitor a letter to confirm that effect.</p> <p>As my Solicitor has quoted i'm backed into a corner and may have to pay for the liability insurance. More expence! </p> http://www.chancel.org.uk/forum/topic/useless-website-here-is-how-you-do-a-search#post-3 Tue, 22 Apr 2008 13:02:13 +0000 admin 3@http://www.chancel.org.uk/forum/ <p>There is no unnecessary attack on the church, the statement is simply based on the facts that the only claims so far have been for isolated properties and not lagre housing estates.</p> <p>We don't support the use of any Chancel search companies, the website merely attempts to explain in normal english what all this nonsense is about.</p> <p>Thanks for posting your link and guidelines, i'm sure that will help many people/ </p> http://www.chancel.org.uk/forum/topic/useless-website-here-is-how-you-do-a-search#post-2 Fri, 04 Apr 2008 07:03:19 +0000 cuys 2@http://www.chancel.org.uk/forum/ <p>I'm not surprised I am the first post. This website is no help. And then there is the unnecessary attack on the church on the homepage.</p> <p>I only became aware of chancel liability yesterday when I saw "chancel search" on as an option from my solicitors. </p> <p>1. A quick search of the anglican church website,gave me the closest church to the property I wanted to buy,with clear parish boundary lines.<br /> <a href="http://www.acny.org.uk/" rel="nofollow">http://www.acny.org.uk/</a><br /> 2. Visited their website to obtain contact info.<br /> 3. Phoned, and in this case spoke directly to the friendly vicar, and was assured that there is no chancel repair liability applicable for her parish.<br /> Email them if you want it in writing</p> <p>Easy as that. Few pounds saved. </p>