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Conveyancing help/advice


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Good evening.

I completed on a property last week and have today received a letter about chancel repair liability and insurance. I will attach the letter and if anybody could shed some light before I speak to the legal team I would greatly appreciate it.

I thought it was/to cover any church or parish within the area, but having read the searches/land regs it stated the property doesn’t fall within any parish/church.

I could of got this all wrong and it could be a simply answer/solution but I have never had a letter regarding this before. 

Kind regards

jase

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It'll definitely fall within a parish, as every piece of land in the UK does. That doesn't mean there's anything to pay though, however, the first paragraph mentions a defect in the title that they need to insure against. That letter must have been from before exchange, as it's written in the present tense. If they've sent it to you after completion because they'd forgot beforehand, I'd suggest to them that they might like to pay it before you feel the need to take it further.

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I believe that if a property has a cancel repair liability (which can run to £10,000s) it now has to be on the land registry document. 

Although there used to be a possibility of getting caught by chancel repair I think this is just a bit of an insurance scam now - scaring you so you buy the policy and making profits for conveyancers & insurers.

If the 'defect' is that the chancel repair hasn't been listed & should have been I guess you could get done for the repair bill but I think it unlikely. 

Its your choice whether you want to buy the policy & that may depend on how much it is.

Good luck :)

 

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19 hours ago, dino v said:

It'll definitely fall within a parish, as every piece of land in the UK does. That doesn't mean there's anything to pay though, however, the first paragraph mentions a defect in the title that they need to insure against. That letter must have been from before exchange, as it's written in the present tense. If they've sent it to you after completion because they'd forgot beforehand, I'd suggest to them that they might like to pay it before you feel the need to take it further.

Thanks Dino. Your advice is very helpful. When I read the letter I also thought it was written in present tense. I was just very confused.

But I do appreciate your response

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4 hours ago, julia urquhart said:

I believe that if a property has a cancel repair liability (which can run to £10,000s) it now has to be on the land registry document. 

Although there used to be a possibility of getting caught by chancel repair I think this is just a bit of an insurance scam now - scaring you so you buy the policy and making profits for conveyancers & insurers.

If the 'defect' is that the chancel repair hasn't been listed & should have been I guess you could get done for the repair bill but I think it unlikely. 

Its your choice whether you want to buy the policy & that may depend on how much it is.

Good luck :)

 

Thanks for your response Julia.

My plan is to flip the property and hoping it’s on the market in the next 20 weeks. Could this have any impact on the future sale.

ive gone over and over the documents and it certainly isn’t on the land regs.

I appreciate your response :)

Jase 

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If it didn't affect your purchase I don't see why it would affect the next one!  If it's only come up as an afterthought at your conveyance the chance of a liability before you sell, if ever, is minimal and if there is nothing on the deeds seems pretty unlikely it will affect a sale.

Please note - this is just my opinion and I am not legally qualified - the decision is yours!

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If you paid full market value for the property, and the right to claim is not registered on the land registry, you should be able to block any attempt to charge you. This is NOT legal advice, just my reading of this document: https://quantuslegal.co.uk/2018/02/07/chancel-repair-liability-still-issue/ which sets out the position from 2013.

Interesting read. 

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3 hours ago, dennis hughes said:

If you paid full market value for the property, and the right to claim is not registered on the land registry, you should be able to block any attempt to charge you. This is NOT legal advice, just my reading of this document: https://quantuslegal.co.uk/2018/02/07/chancel-repair-liability-still-issue/ which sets out the position from 2013.

Interesting read. 

Thanks Dennis,

I Appreciate your input. :) 

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