Singing from the same hymn sheet?

22nd October 2013

For most of us the 13th October 2013 has passed quietly without much fanfare but for conveyancing solicitors, the date is important as it marks a new era in chancel repair liability.For the past 10 years parochial church councils in England and representatives of the Welsh church have had the option of registering a chancel repair liability on the title or a caution against first registration on freeholds that were once church owned land. Up to a third of parish churches may be entitled to recover cost of repairs with over half of those dioceses actively investigating the registration of properties.

Critically, this is not the end of chancel repair liability; indeed a chancel liability can still be registered after this date, and properties that have not had liabilities registered against them are still at risk. The liability only falls away at the point of first registration or next registration after 13th October 2013 provided no liability has been registered.

It stands to reason then that unregistered properties and those that have not been transferred for valuable consideration after 13th October 2013 still require a chancel check. Those that are identified as subject to chancel repair liability and where the liability is registered on the title, indemnity insurance can be obtained to mitigate future demands.

You can purchase a chancel check and chancel indemnity insurance through the ETSOS system. For more information please contact your account manager or sign up below for a free trial

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