Chancel Repair Liability

[unclebulgaria67]

I have read that because of the change from 13/10/2013, it is more likely that claims will be made against this liability, before this date. Also in theory if the PCC does register its interest, the property could always be liable.

 

The policies I have seen charge a 'one-off' premium and the cover lasts in perpetuity, so I am not sure where you get the 25 year period from. If someone buys the house in 25 years time, they also should be able to take out an Insurance policy. So I cannot see that the house would be unsaleable.

 

Bearing in mind the change, from what I have read, it would perhaps be more of a gamble not to arrange the liability Insurance. Your solicitor should be able to shed some light on this and make the arrangements for you.

[unclebulgaria67]

There are other policies available which last in perpetuity.

 

If PCC's register before the relevant date, what does this mean exactly? Does it mean that they will definately claim against your property or they want to reserve the option? If it is the latter, then surely no change to the current position and if Insurance is available now, why would they not provide it. As long as the PCC has not sought to claim against your property, at the time you took out the Insurance, then I cannot see a problem.

 

Your best option is to take out Insurance, after doing a little research. Phone the companies and ask questions.

[unclebulgaria67]

Just to assist this is a link to the company I came across that provided cover in perpetuity. I don't know of this company and suggest that you conduct research/talk to your solicitor.

 

Policies & Pricing

[unclebulgaria67]

Here is a link to a company that specialises in this area. If you read all the information that they provide, it should answer all the questions that you have.

 

http://www.chancelnsr.co.uk/index.html

 

The policies that are available only charge a 'one-off' premium cost and these are typically less than £100.

 

If I could get reasonably priced cover, without needing searches/solicitors costs to confirm whether there is any liability, I think I would just take out the Insurance cover. I cannot see the point of spending money on various fees, when the Insurance is cheaper.

Edited August 30, 2010 by unclebulgaria67

[unclebulgaria67]

I don't know whether such liability rights would ever be passed to any trust. Would the trust register any rights before the 13th October 2013?

 

You could check with the charitable trust what the score is and make enquires companies that specialise in this area.

 

http://www.chancelnsr.co.uk/index.html

 

I take it that the buyers solicitor is looking to take out liability type cover and for you to pay the premium. As these premiums are 'one-off' amounts and are not normally that much, you might opt just to pay the relevant amount. But before you do so, a few phone calls would not hurt. If you cannot get definate reassurance on this matter that there is/cannot be any liability, then just tell the buyers solicitor to obtain the relevant liability Insurance and provided this is less than (say) £150 as a 'one off' premium you will reimburse this.

[unclebulgaria67]

Pass. Normally you are not able to arrange a standard Insurance product, for an after the event situation. The Insurances that are available seem to be for people involved in buying properties and not the current owners.

 

I would suggest that you phone a few of the companies offering the cover and raise the question. See if you can get them to confirm in writing the reassurance that you are seeking, so in the event of a future claim, you have some protection, if they tried to wriggle out of a claim.

 

In regard to the type of Insurance not being available after the relevant date in 2013, I think that it would be likely the Insurers would withdraw some policies or change the terms.

[unclebulgaria67]

If you google about this issue, there is a firm of Solicitors who have good knowledge about this subject, but cannot mention here, as against CAG rules.

 

Most of these chancel liability policies are for a one off fee and they don't cost very much. If there is any slight chance of liability, perhaps it is worth paying for peace of mind. These policies can also be transfereable to future owners of your property.

[unclebulgaria67]

Hello everyone, well I have received two unilateral notices on two of my rental properties registered just a couple of days before the deadline........in respect of certain "Manorial" rights. I assume that this relates directly to the CRL issue discussed here. Both properties have CRL insurance taken out on purchase...so what do I do now? Investigate via solicitors to see if the UN is valid? Or sit tight until I decide to sell?

Many thanks

 

I would guess that you have to register 'possible' claims with your Insurers, just in case the terms of the policy require you to notify them as soon as you become aware of potential liability. If you failed to do this, I would hate for the Insurers to decline a claim down the road because you did not inform them.

 

Suggest that you send copies of the notices with a covering letter to the Insurers by recorded delivery. Ask for written confirmation that they have received the information. Then keep it somewhere safe with the policy details.

 

That is what I would do. Better safe, than sorry.