How About a Quick Game of Chancel Repair Liability Challenge?
Update: this blog has now been updated, and you can view it here.
Chancel Repair Liability reform has retreated into the shadows.
It’s just over a year ago when a Private Members’ Bill (Starting in the House of Lords) received its first reading took place on 3 June 2015
This stage is a formality that signals the start of the Bill’s journey through the Lords. The second reading, when the general debate on all aspects of the Bill was never scheduled.
The 2015/16 session of parliament has ended and this Bill will make no further progress. There is no news of a resurrection.
So what remains of Chancel Repair Liability?
It’s Still the Same Old Chancel Repair Liability but Different
As you, dear reader, know only too well, I have wittered on about Chancel Repair Liability for many years ( including on Radio and BBC’s Rip Off Britain). You can read more about the origins of this arcane law and legislative changes here, here and here.
But, what will it mean for you when you’re about to purchase a property that may or may not be affected?
Who’s Up for a Game of Chancel Repair Liability Snakes and Ladders?
I’ve devised a little Chancel Repair Liability board game based on that perennial favourite Snakes and Ladders especially for you.
You must take 13th October 2013 as the Start ( read why here) and depending on the circumstances of the purchase you either get to go up the ladders to eventual freedom from the Liability or you may be ever so unlucky and slip down a ladder. But, even if you – don’t despair help may be at hand in the form of relatively low-cost Chancel Repair Liability insurance.
What Does This Mean For Buyers and Sellers?
Well rather annoyingly, perhaps your Conveyancer will seek the line of least resistance ( even where no obvious reason why the liability would exist)and as standard practice recommend a Chancel Repair search or, more usually, simply commission full insurance without a prior search to protect you against any potential liability.
Who Should Pay For Chancel Repair Liability Insurance?
This is, in theory, a bargaining matter between parties.
It may be that Seller and Buyer agree to contribute equally.
But, as I’ve said, your Conveyancer will carry this out for you as a buyer as part of standard practice.
30th July 1966 – They Think It’s All Over
It’s 50 years since England won the World Cup and Kenneth Wolstenholme spoke those immortal words as Geoff Hurst scored the fourth goal:
“They think it’s all over… It is now! “
Would that it were so for Chancel Repair Liability.
Well it will be for a few and over time it will discontinue for most – but not just yet”
Please Note: As other law firms are available the Chancel Repair Liability Snakes and Ladders Infographic is for illustration purposes only and does not constitute legal advice for which you must consult your Conveyancer.
And if an infographic does not crave your itch to learn more you can always take a look at our Chancel Repair Liability Slideshare.
Where Exactly Are We With Chancel Repair Liability? from Clutton Cox, Solicitors
Would you like to read more great legal content from Clutton Cox Solicitors? Just click on a link below:
