Last rites for chancel repair? Not quite, warns law firm Boodle Hatfield
Chancel repair, the legislation dating from medieval times that allows churches to turn to property and landowners with an historic connection to a church to fund repairs – may yet have a sting in its tail for homeowners.
Church councils across England have until 13 October 2013 to register any potential liability to fund the repairs of a church’s chancel. Church councils will not be able to register a chancel repair liability against the title of a property sold after that date, meaning that the buyer can take comfort that it will buy free of any future liability.
Saskia Authur, partner, Boodle Hatfield said: “Chancel repair claims are, thankfully, few and far between, but when a claim is made it can be for considerable sums of money.”
This does not mean, however, an end to chancel repair liability. Properties where chancelmrepair liability has already been registered will clearly continue to be subject to that liability.
Saskia adds: “It is possible to carry out an inexpensive search to ascertain whether or not a property is in an area that is likely to be liable for chancel repairs. Where a risk is identified, it is also possible to insure against that risk.”
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