General Discussion
I've just come across this Chancel Repair Liability issue. Seems that in some circumstances the CoE can make a claim on you, yes YOU!, to help them with the cost of church repairs.
Have a read of thishttps://en.wikipedia.org/wiki/Chancel_repair_liability especially the bit concerning the Wallbank case. Look how much they got stung for!
First heard of this a couple of years ago. Would have thought that this archaic law did not apply in the 21st century but it seems I'm wrong. Just hoping that St. Gregory's don't get any ideas!
Yes I know insurance is available - its inclusion in draft legal papers concerning a house purchase is how I came to know about this Chancel Liability Insurance. I had never seen it before.
I totally agree with Cassandra - this law is archaic. What on earth is it still doing being enforceable in the 21st century? More to the point why, given its anachronistic nature, have some parish councils thought it okay to enforce it? Surely if the chancel of a church needs repairing then there are other ways of raising the funds? What is Christian about landing lay people with such huge bills?
And I wonder how much are the Insurance Companies making from all the premiums that are coming their way because of this non-sense (hyphen used deliberately).
I agree with you completely Lynne and had hoped this law would have been changed in the 2014 bill but it wasnt is there any point in talking to an MP about ? maybe if lots of people do
Our MP's contact details:
Anecdotally I gather that the inclusion of insurance protecting against any possible Chancel repair liability is now a standard inclusion by conveyancing solicitors.
In which case, with all this expansion in house building going on, it strikes me that the insurance companies and their shareholders are on to a nice little (perhaps a very big!) earner what with all the premiums they will be taking from all the new property owners in the country.
Think of it this way. There is a piece of land. It presently belongs to one person who may or who may not have Chancel repair liability insurance on it. If they do have such insurance then them being the only owner it is only them what pays a premium to an insurance company.
But then the same land gets planning permission for new houses and, say, gets divided up into fifty different freehold properties. So now instead of having only the one premium being paid re chancel repair liability there are an extra 49.
Now multiply out that scenario throughout the country.
So who's making a lot of money out of this non-sense then?
its not everywhere that is liable lynne our lawyer called it a narrow strip but more than 5000 parishes which he said was less than 12.5 % of populated land 24 acres undeveloped land cost just under £1200 : 00 to insure for 25 yrs (that was about eleven yrs ago) he is of the opinion that when built on each new freehold would have to be registered by the church at the land reg to make it liable he says never enforced now days but I have heard since of people being billed £100k disputed it in court and lost and landed with costs running into hundreds of £k scary numbers compared with cost of cover
Yes I've read about liable land having to be registered by the Church (by 2013 I think it was) but..........some mess up in the law means that even if the Cof E didn't meet that 2013 deadline then land not registered by that time can still be liable.
This explains why I have heard that those buying houses are now strongly advised by their solicitor to take out chancel repair liability insurance.
I'll find some links about this 2013 deadline and post them on here.
And my point still holds about this being a nice little earner for insurance companies (and solicitors as well if they are on commission with certain insurance companies?).
Useful info here http://www.cluttoncox.co.uk/site/blog/conveyancingblog/chancel_repair_liability_21_things_you_need_to_know._html