Search: Chancel Repair Liability Search

This search is commissioned to reveal whether or not the property you are proposing to purchase may be affected by a potential "Chancel Repair" obligation to the local Parish Church. Such obligations stem from medieval times where land, previously owned by the Church to fund the local rector, had been sold and the new owner took on the repairing obligation attached to that land. This means that any property located within the boundaries of a Parish where such a liability exists could be required to pay for a proportion of the costs associated with the upkeep of the Chancel of the local medieval parish church.

The Aston Cantlow v Wallbank case related to the Church seeking payment from the owners of the rectorial land to repair the chancel of the local medieval Church. The Wallbanks, as owners of the rectorial land (known as lay rectors), refused to pay and what was originally a £6000 bill in 1991. The Wallbanks lost the case and on the 5th February 2007 the House of Lords ruled that the final cost for repairs would be £189,969 + VAT as the structure has slowly disintegrated. This does not include the legal costs of approximately £400,000.

ChancelCheck® is an online search facility that screens for Chancel Repair liability at tithe district level. This service identifies a potential risk but does not confirm if the subject property is located on "liable land". However, to identify an actual risk would mean the registration of the property with the Land Registry and an increase in insurance premiums as an identified risk.

You have a number of options open to you should the search reveal that it is, indeed, located in a "risk tithe district".

• Choose not to take any action as the risk is judged to be so low as for it to not be relevant
• Carry out further investigation of the National Archive records to find out if the subject property is responsible for these repair costs. Such a search would cost a further £100 plus VAT and would not solve the problem if it is found to be responsible
• Take out indemnity insurance to cover the possible costs of repair

In such an instance Indemnity Insurance of the appropriate cover amount (normally commensurate with the price of the property) is recommended. You will note below that the general search and insurance provider, Conveyancing Liability Solutions Ltd, offers cost-effective cover for this potential risk at various levels of indemnity.

Period of cover 25 years (cover is also available for 35 years and in perpetuity)

• Limit of Indemnity
• Residential Premium (5 acres)
• Commercial Premium (3 acres)
• £250,000
• £59.88
• £135.88
• £500,000
• £80.88
• £225.88
• £1,000,000
• £99.88
• £505.88

Please confirm (if you are not obtaining a mortgage for the purchase of the property) whether or not you wish us to commission such Insurance for you.

Where you are obtaining a Mortgage or other finance for the purchase, you actually have no choice, as your mortgagee will insist upon it as a precondition to your drawing down the advance.

We will include the cost of this in your draft Completion Statement and Commission the Insurance for you (and your Mortgagee) on Completion.

The search in this instance does / does not reveal a potential liability.