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 If
a property is near a church, or is on land formerly owned by some
of the older universities, there may be an obligation to contribute
towards repairs to the chancel of the local parish church. This
was laid down in the Chancel Repairs Act 1932. Such liability is
enforceable in the County Court, and can apply to properties falling
within a Church of England parish which has a vicar or had a vicarage
and has a church dating from the medieval period or earlier.
CASE GOES TO COURT - Parochial Church Council of Aston
Cantlow v Wallbank [2003]
Due to the House of Lords decision in the case of Parochial Church Council of Aston Cantlow v Wallbank [2003], the Church’s initial claim was for £6,000 but the Defendants after inheriting a property found they had a liability to pay £96,000.00 for chancel repairs as a result of overriding interests as stated under Section 70(1)(c) of the Land Registration Act 1925. This together with the effect of the Land Registration Act 2002, it is not surprising that there has been a dramatic increase in the number of Chancel Repair Searches being carried out.
On the 7th February 2007, The Royal Courts of Justice ruled that the Wallbanks’ repair bill be in the sum of £189,969 plus VAT on top of which legal costs estimated to be in excess of £400,000.
A Short Chancel Repair Search is a simple search which reveals whether the property is within the historical boundary of an ECCLESIASTICAL PARISH which continues to have a potential chancel repair liability. This will not be specific to your property and will only reveal whether the property falls within a liable parish.
You pay £30.00 for a Short Chancel Short Repair
Same Day
A Full Search is conducted in person at The National Archives. This will reveal if a particular property has a specific apportionment of liability attached to it. You will receive a copy extract from the tithe map showing the property and details of the apportionment which can then be calculated according the rent charge payable for the whole parish. Please note we would require a clear Land Registry Plan or an old Conveyance Plan before we can conduct the search.
You pay £117.00 for a Property Specific Chancel Repair Search
Order form click here.
Our normal turnaround time is within 2-3 days subject to tithe maps & documents being available.
You have two options:
1) Instigate a Full Search to reveal whether your property is particularly
affected and has a specific apportionment of liability attached
to it OR
2) Obtain Chancel Repair Liability Insurance
PLEASE NOTE THAT WE DO NOT SELL INSURANCE FOR CHANCEL REPAIR LIABILITY
Please post a cheque in the sum of £30.00 made payable to ‘Hip-Professionals Ltd’ ADDRESS: Suite 212 Boundary House, Boston Road, London, W7 2QE.
Yes, the Company holds full Professional Indemnity for £2 million per claim, full details of which can be supplied on request.
Yes, we are registered with the Property Codes Compliance Board under the Hip & Search Code
 1.
The National Archives do not show all land and property which may
be subject to Chancel Repair liability or other liabilities and
restrictions.
2. Search may reveal proportionate liability in respect of corporate
bodies (such as the Church Commissioners/University/College) and
individual plots. As there are no plot numbers given in respect
of corporate liability and if the land has since being sold or passed
to individuals since 1936, a proportion of liability may fall on
new owners in which instance you will need to seek advice from the
former landowners.
3. Please also note Search Report together with supporting documentation
does not in any way equate to a legal opinion. We cannot give advice
on questions of liability in individual cases. We aim to supply
you information, copies of the index, tithe maps and altered apportionment
maps indicating plots and properties for you to interpret.
4. On occasions, it can be difficult to identify individual plots.
In such an instance, we may request that you submit a quality map
clearly highlighted with the specific plot you are interested in.
For our Company’s other services, please visit our mail website www.hip-professionals.co.uk
Suite 212, Boundary House, Boston Road, Hanwell W7 2QE
Registered in England & Wales - Company No: 03077314
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