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Chancel Repair Liability is Fun
Excellent article! I'm moving within Brighton at the moment, into the parish of a certain medieval church. Said church is undertaking ongoing extensive restoration work, including to its chancel. Given that this work is already well underway, funded so far by grants and that I am moving into a block of 20 flats, so any liability would be split at least 20 ways, I'm inclined to go fridge shopping too.
I think it depends how keen the seller is to sell or the buyer is to buy. You could argue the issue with the other party, but if you decide you want it, given the relatively small amounts of money involved it hardly seems worth the effort and resulting delays.
Who should pay for the insurance when a CRL arises ? Seller or buyer ?
Reinventing the wheel
I gave up on PythonMagick, it was even worse than PIL! Seems there's very little in the way of open source imaging libraries which doesn't suck.
Got screwed again the other day by a jQuery colour selector plugin. Works fine until you scroll the page. Have these scum never heard of testing?
Can you make PythonMagick work, while you're at it?
We're going to Thailand!!
Chancel Repair Liability is Fun
The "law change" is in fact the Land Registration Act 2003 which covers a wide range of things but which is attempting to make sure that the Land Registry records are like a log book for your house i.e. if it is not mentioned in the log book you do not need to worry. However, the problem with ancient legal rights is they are just that, they are legal. That is not to say they are fair. However, other such legal rights which may not show on the Land Registry are say if your family home which has passed down the generations has always used the next door farm track to drive to the house. Everyone has always been happy with that and you may now have a legal right. It may not be registered at the Land Registry but it is still legal. Now consider if the farmer could, without notifying you, stop you using it. That would seem unfair. So all the Act is doing is saying we don't want these ancient chancel rights hanging over people when the church has not bothered about them for years so we will give them 10 years to do something about it and after that they stand to lose it. A fair way, to both sides, to deal with an ancient unfairness. Personally I agree that Christian Churches ought to question how Christian it is to enforce their "legal" rights to the detriment of other peoples lives.
Now as a Licensed Conveyancer who has been doing Residential Property Law for 25 years I have to defend the conveyancers. Since this issue arose after the original case everyone has jumped on the bandwaggon to make money out of this. The companies providing Continuing Professional Development Courses which are compulsory for all qualified lawyers have used the opportunity to terrify us sufficiently about the issue that we flock in droves to take their particular course to ensure we are not going to get caught out with insufficient knowledge; the insurance companies bombard us with horror stories of what happened to lawyers who failed to push their insurances. Conveyancers do not get commission for undertaking searches or using insurance. Bearing in mind that at the moment Lenders in particular are trying to blame every negative equity on the conveyancer and not on their own bad lending practices conveyancers are feeling very nervous about where the next Professional Negligence claim could come from and some make the decision "get everyone to insure as much as possible regardless of the cost to the client so they don't blame me when it all goes wrong". I personally believe in informing the client of the risk, assisting them to assess the risk and then supporting them in whatever decision they make. I think I have only ever once used a policy!
The 'law change' (actually a new regulation) in 2003 is not as far reaching as many appear to think.
If your land carries repair liability you as the owner will have to pay if asked until you sell the land whether or not the church registers an interest before Oct 2013. The new regulation did not extinquish the liability for present owners.
If you sell the land the new owner will ony be liable if interest was registered before Oct 2013
The Church does not want to lose this funding so they encourage insurance which means they can get their money with little offence.
The governmaent encourages insurance because it does not want to contribute via English Heritage
The insurers .....
This has been brought about by a large test case followed by a cynical regulation 'to make matters clearer' but not for ten years during which time the threat of registration forces the fearful to insure.
Gordon Brown was chancellor in 2003.
A busy couple of months
I, for one, like "that sort of thing".
Chancel Repair Liability is Fun
As a serving priest in the Church of England, I must agree with everything that has been said. I am ASHAMED and APPALLED to be a member of a Church which even considers enforcing this piece of medieval robbery, let alone enforces it. I say, it is a WICKED thing altogether and threatens to alienate the people of England whom we are trying t serve. We couldn't think up a better way of upsetting people or ruining thier lives.
The churches that ask for money and force people pay out for chancel should be shame of themself.Prests rectors and archbishope go and find yourself job,we on 2011 and medival time is over when you and all of your ancestors threaten humans that the devils would take over them if not be devote to the church,nowdays its only lots of f..b..s..Our governement should face this joke,remanding at the uk citizen we are in EU.Since i have read a lot of it,I M NOT GOING TO ANY ANGLICAN CHURCH EVER AGAIN ,until this unfun game get sorted.
Regards
Kerry
Snow!
I have commented. You are nice xxxx
Chancel Repair Liability is Fun
Please please please dont pull out of buying a house over this. Its all such a con. Insurance companies are loving it. Yes nearly all properties will fall under this supposed risk but how many people do you know that have had to pay this? The whole thing only exists today because of that unfortunate couple who lived on Glebe farm. When i bought my last house i paid the insurance... about £50. This time (about to exchange on new house) they can poke it up their...****. Same as insuring your mobile phone... ITS A WASTE OF TIME!Im not giving these vultures a penny. If i get charged then ill burn the church down as my homw will already be worthless so what the hell!
Ps. im no lawyer so make your own call but like the writer... im going Fridge shopping... or failing that, matches and some lighter fluid.
I think some parishes have declared they will not pursue it, so it may be worth looking into that.
To be fair to the church, it probably made sense back in the day when you were paying your tithes, and these days it mostly seems to be English Heritage who are forcing the church to seek all alternative sources of income before they'll consider helping out.
Good luck with your house purchase!
I'm new to this. Just trying to decide whether to sign contracts on a property with Chancel Repair Liability. It looks like potentially the whole of England could have this problem as the records are not accessable and accurate. It does put me off of going to church! Maybe the church should look at this and do something about it. I have no problem with helping out the church but I don't think its a Christian act to force people to pay this money.
yeah the solicitor we had mentined something about it could be but didnt seem to know too much ink we will just try and wait out for 3 years hoping not to get billed
Looking it up on the land registry should be fine - but it would only be listed there if the liability has been found recently, and the church would likely be aware of it, and I presume standard conveyancing would discover that and warn you.
I think the risk is when the land registry doesn't mention anything, but you find out through your own investigations (ie the national archives) - then you need to notify the land registry, and the church will find out.
As ever, check with your solicitor/conveyancer if you're concerned.
if i look it up on land registry wont that let the church know and they may grab at the chance for new pews or tithe dish or roof etc
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10 for 10 on 10/10/10 at 10:10:10
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