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Chancel Repair Liability is Fun

Jason

So, here we are... 19th October 2013. Six days have passed since the 'deadline' and not a single mention of it in the news anywhere. Have people simply forgotten about CRL?

It would appear as though the solicitor we are using for a house purchase (not completed yet) is none the wiser. She's just recommended we take out liability insurance, which left me confused...

What's the deal with buying a property now? Surely it's now just a matter of doing a Land Registry Search to detirmine if the land (or any part thereof) that the property we're buying sits on, has been registered as Glebe land by the church. If yes, we're screwed 'cos there's no insurance in place but if not, we're in the clear?

Or can the church still slap an order on after the deadline, if they are made aware of the property/land by nature of a search having been made after the deadline?

Penelope Wainwright

I think this is absolutely abominable. The Church is one of the richest organisations in the world and to force people to pay for Chancel Repairs to the Church and not care whether those people lose their homes in the process goes against everything that I thought the Church stood for as loving and caring. Absolutely disgraceful and if I was asked to pay they could go to hell where they belong. They could have be locked up but not a penny piece would they get from us.

Graham Barnes

Been looking at this insurance as the property I'm thinking of buying has a liability. I read on a solitor's website (cluttoncox) that improvement costs can be factored in to any claim, as apparently happened in THE case. I rang ChancelSure and asked them whether this was right - after a pause the reply was 'as long as it forms part of the repair'. I pressed it by suggesting that, say, the altar has been destroyed and an improved one is required costing (who knows?) £10000.
They'd cover that then?
Much longer pause followed by 'Ah - grey area'.
I wrote to them asking this question -
this question:
'Will the insurer settle all and any claims notwithstanding'

They referred me to their policy conditions which was no help, so I wrote again. No reply - nothing.
So it looks like we have a potential uninsurability, which to my mind renders the insurance valueless. I don't expect a reply because to admit that they may not pay all the claim ( if improvements are factored in) would have a detrimental effect on any insurances already issued.
Wonder if these policies will be the subject of the next round of mis-selling?

Andy

I've taken the view that it's up to the buyer to indemnify themselves, just like with every other form of insurance.

They can pay/waste their money as they choose :-)

I wonder how many cases there actually are of the church exercising this right?

Daniel

The government in the UK is very much against any religion. Supporting CRL turns people away and against from religion and churches. The medieval law simply helps them achieve their result. Greediness of the church does not help either.

Hi Ketan,

As usual, I'm not a lawyer etc, but I think the church could still register a liability - from what people have said here in the comments, it seems to be about who owns the property in October 2013 - the law change will only affect new sales after that, or something along those lines.

If you're worried about it, you could go back to your solicitor and ask them whether they performed a check; if they haven't, you may have grounds to go after them in the event of any trouble. I'm not sure whether you can buy the insurance after the sale has gone through, but you could always ask.

As for the potential/definite liability thing, the standard chancel check that solicitors do is for the potential liability, which is what the insurance company insures against. It seems to be "Is this house anywhere near a church? Yes! Money please!" Apparently to confirm a definite liability, you have to do some serious digging through the national archives at Kew; probably not something a standard check would throw up, so not likely to be something that would get you brought to the attention of the land registry or your local arsonist rector.

Ketan

Hello,

Sorry after reading much of the above and is great to read, I still have a question.

I brought a property in March of this year 2013. Nothing came back from my solicitor to say it was on glebe land and to take out insurance.

The neighbour told me today his solicitor did pick this up about 4 years ago and he paid £60 for the insurance covering 25 years, I'm guessing he already had a fridge.

Now the question, the fact the property was sold to me and is prior to October 2013 and if it wasn't registered by the local parish by the time I bought, does that mean that this property is now exempt from this Church Repair liability?

Also, now that I have exchanged and I am the property owner, if I go back to my solicitor to see if the check was made or to make the check, do I give up my rights to take out the insurance if the check comes back positive as I've changed it from potential to definate liability? And in essence alert the land registry in the process and flag my property as being on glebe land bring the property value down as well bringing it up on the church parish's hit list?

Thanks

Ketan

Thank you Radiac for this 'diary' on CRL Like you we find ourselves in a similar situation in buying a house with 'potential CRL risk' Although we resent the insurance and solicitor admin fee, our real issue is that this archaic law still exists. We feel this archaic law should be abolished and have just set up a page on facebook https://www.facebook.com/chancelliability if the link doesn't work please look up People Against Chancel Liability. We are trying to raise awareness and support so that we can lobby for the law to be abolished. Please look at the page and if you agree then please 'like' the page (if you don't want to see in your newsfeed or notifications then just untick those on the drop down menu when you press 'like'. The importance of getting 'likes' is to get attention. Please feel free to share any of the info on the page with family/friends. Thank you.

Wasn't Jesus arrested for throwing the insurers out of the Chancel... just before he tried to burn it down?

Brilliant piece thanks it's the only analysis I could find on the net that makes sense of yet another insurance scam. I'm still being made to pay one third more in post 11/9 'terrorist' insurance because I live in a tall building in London... gravy train innit

Ben

Thanks for a great article. The only good thing about an abhorrent situation. I'm sure that there are many sensible and legal ways to cope with the Church's daylight robbery, but..... there is surely also a lesson to be learned from their vengeful god. If they steal from you, take up the bagpipes and practice in the chancel during every service you can get to.

Happy Christmas etc

William Black

I will let a Kuwaiti girl know this information. Thanks.

Chancel Repair Liability is Fun

Brian

I am surprised that any vicar is prepared to contemplate a repetition of the Broadway disaster in his own parish. Perhaps each member of the clergy could consider the following proposition:

(i) The Church of England is privileged to be the established church and in return owes a duty of care to the whole population regardless of sectarian interest.
(ii) A parish priest of the Church owes a similar duty of care to all his parishioners. It entails a duty of trust and confidence and an obligation to deal fairly with every parishioner.
(iii) The surreptitious imposition of an entirely unexpected charge in respect of a medieval tax which reduces the value of their homes and property is a gross dereliction of duty and a breach of that trust.

Alternatively, a Church of England vicar is a professional person and as such is expected to act professionally. A doctor has a duty of care to his patients, a lawyer to his clients and a vicar to his parishioners. Imposing the liability is hardly the action of a Good Shepherd.

Anne: A lot of properties in the UK have potential liabilities, so if your solicitor says you can make it go away for £120, then you may feel that is worth doing - you'll probably have the same problem with every other property you look at until October 2013.

Like I said in my original ramblings, not getting insurance is a gamble to some extent - so if you're worried enough to the point where you're thinking of pulling out over it, then that £120 would probably be money well spent on the insurance to buy peace of mind. And in the grand scheme of things when buying a house, it's pretty insignificant.

As ever though, if in doubt, chat it through with your solicitor - it's what he's there for, and unlike me not only will he actually know what he's talking about, but you can also hold him responsible if he gives bad advice ;)

Anne

This has been a very interesting discussion. I am on the point of exchanging on my flat, however, the house I am supposed to be buying has just had this charge identified, so I am strongly deciding whether to buy or not - I would feel bad to pull out at this stage, however, can I risk being lumbered with a house which won't be sellable in the future, and potential requests for money? As for the solicitors, yes, they are asking for £20 admin charge and £100 for insurance cover!

Cookie Consent for Dawdling Developers

Hmmmmmmm. No sir, I don't like it.

Chancel Repair Liability is Fun

Mike S

Thanks to a great tip from someone I am now not liable for CRL. This will not work for everyone but if you have a problem or just want to know all you have to do is look at the old tithe maps and the schedules at your local archives. If your property has an appropriators charge you could be liable but then see owned that land at that time, if it was church commissioners then contact them and ask them who is now liable. I have spent 10 weeks googling this CRL scam and not one mention of the church commissioners.

Amanda

Peter Luff MP has called for an adjournment debate in the House of Commoms on16th October, meanwhile the Diocesan Offices for my parish have sent emails to the Church Wardens reminding them to get on with registering the charges. Try Peter Luff's website for the report on CRL in the parish of Broadway in Gloucester.

Robin S

Why has this fact regarding the Lottery Fund not been made widely known ?

Mike S

I have just been hit by our PCC who are putting this clause onto my deeds and there seems to be no way to go against it. Does anyone out there know any different ?

Bob

I just had a quote for a woodland that I am buying for £880 !!!!!