Chancel Repair Liability

[RockyZool]

Im about to move to East Dulwich and our solicitors have informed us that our property is highly likely to be in an area of potential chancel liability. Has anyone here ever had to payout a contribution to the Church of England as a result of this in this area?

It clearly goes without saying that I find it quite unbelievable that in 2012 we are subject to such draconian and outdated tax laws.

Anyway, your insights would be hugely appreciated.

Thanks.

[KidKruger]

Sounds very vague from your solicitors.

[trizza]

It's possible, but unlikely

I had to look at this issue before at work and had to engage a guy who undertakes searches of the public records office... However, that was a v old cottage in Mortlake with grounds, not a ED victorian house/flat.

The bigger question is whether the church would bother claiming. Further, given the charge is usually calcuated by reference to the size of land, it's unlikely to be significant for an ED terrace...(as compared with say a country manor house with acres of land).

I'm not aware of the church trying to recover for chancel repairs in any inner london authority like Southwark. That sort of story would be all over the papers.

So, although your solicitor should advise you, i doubt you would be under any real liability risk.

You can take out insurance for this (and the solicitor may well get a fee for referring you...). However, don't find out whether you have a liability first as this could impact on the cover!

For what it's worth, I have some knowledge of these things and chancel repair liability was not something I considered at all when I bought a house here and I certainly did not think about buying insurance.

The law is changing in October 2013 so that chancel repair liability will not be enforceable on registered land (i.e. bulk of residential properties) unless it is noted on property's registered title i.e. title deeds.