Chancel repair is a historic financial liability on property owners to contribute towards the upkeep of a local parish church.
This liability is attached to the land and it may not be apparent from the situation of the property or its title deeds that the liability exists. The costs associated with repairing the chancel of a parish church are considerable and to ensure buyers are not faced with any nasty surprises, a chancel repair search is carried out on a property.
The law changed in October 2013 which saw chancel repair liability cease to be an overriding interest however, it still exists.
Chancel repair liabilities can still be protected by notice on property title documents until a transfer for value occurs on or after 13 October 2013. Once a transfer of value occurs on or after this date, the liability will not bind any subsequent purchasers unless the liability was already protected by notice.
It is advisable to carry out a chancel repair liability search, even if a transfer of value has taken place after 13 October 2013. Insurance can be obtained against a potential liability at a small cost.
If you wish to discuss further, please contact Foskett Marr Gadsby & Head LLP’s Property Teams, based in Epping and Loughton, on 01992 578 642.