Chancel liability - worth insuring
Discussion
Isn't amazing how in the last couple of years solicitors have been able to find all these issues/concerns/risks that can be solved with a suitable over priced indemnity and associated admin fee?
i've moved house in the same town three times - low and behold this time they 'found' the chancery issue this time, but not the previous moves in the same town?
PPI anyone?
i've moved house in the same town three times - low and behold this time they 'found' the chancery issue this time, but not the previous moves in the same town?
PPI anyone?
Edited by eliot on Wednesday 30th July 21:33
eliot said:
Isn't amazing how in the last couple of years solicitors have been able to find all these issues/concerns/risks that can be solved with a suitable over priced indemnity and associated admin fee?
i've moved house in the same town three times - low and behold this time they 'found' the chancery issue this time, but not the previous moves in the same town?
PPI anyone?
There's a specific case (Wallbank, known as the Aston Cantlow case - I drive past the property in question regularly) which raised awareness. And a search provider then purported to offer risk assessments, though it's very pessimistic and regularly shows potential liability even where there is no pre-reformation church.i've moved house in the same town three times - low and behold this time they 'found' the chancery issue this time, but not the previous moves in the same town?
PPI anyone?
Edited by eliot on Wednesday 30th July 21:33
The problem is that actually investigating liability thoroughly for a specific property is often almost impossible. There's no central record; it could involve days trawling archives at Kew and locally, and the costs for so doing are totally disproportionate. It's the insurance industry which sprang up offering £10 policies which saves you paying hundreds to investigate. Frankly I see little point in paying for a search first, really; the search costs more than the policy and the result is pretty much made up, though erring on the side of caution of course.
Yes - the Wallbanks. http://www.farmersguardian.com/home/rural-life/cou...
Jobbo said:
blueg33 said:
You can insuren even if its on the registered title.
That's useful to know - I've never encountered a property with it on the title yet. Bet the premium is a bit steeper if the property has been identified by the church as liable.XCP said:
Jobbo said:
Sounds like you can rely on his PI insurance rather than needing to buy your own cover 
Well we have a document signed by the solicitor acting for the church that there is no liability. Is that enough?Jobbo said:
XCP said:
I am currently buying an old vicarage. My solicitor has told me that Chancel Liability no longer exists, or at least not on property purchased since last year.
I am a bit worried now by all this talk of insurance as we specifically asked about this and he told us categorically that no liability existed.
Sounds like you can rely on his PI insurance rather than needing to buy your own cover I am a bit worried now by all this talk of insurance as we specifically asked about this and he told us categorically that no liability existed.
Although at least he isn't buying the Old Rectory...
blueg33 said:
Jobbo said:
blueg33 said:
You can insuren even if its on the registered title.
That's useful to know - I've never encountered a property with it on the title yet. Bet the premium is a bit steeper if the property has been identified by the church as liable.
We had one a few years back with it all fully noted on the register and so on. I've just tried to remember the case name but it escapes me right now so I can't look the ledger up but I do recall it was in the 'few hundred' area, not the £500+ I was expecting once CLA confirmed that they could offer cover.
Jobbo said:
Yes - the Wallbanks. http://www.farmersguardian.com/home/rural-life/cou...
But did they not then have a negligence claim against the firm which handled the purchase? Or was it all done privately..................................otherwise, it seems slightly strange.Jobbo said:
I can't comment without seeing it, and I'm not your solicitor so I won't, but your own solicitor will be able to confirm. However, having a document from the solicitor acting for the church is unusual so I guess the issue of chancel liability has come up at some point.
There is an issue with these as the church does not wish to piss the faithful off but also has to balance their duties as a Charity and the fact that the general synod (IIR the correct term!) has said that each church must look into this to see if there is any revenue stream before they will help pay for repairs.The local mob (so I am told as I have yet to see any docs myself) took the line of writing to all they thought affected with letters to the effect of "We could register this or you could pay us £40 and we will release you from your liability and not register the notice." I suspect that most paid the £40.
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