I cannot accept the picture Michael Hall paints of a ‘muddle’ arising from chancel repair liability.

Any conveyancing solicitor who is instructed by a purchaser identifies and investigates matters affecting a property his client wants to buy, and reports to the client (and probably a potential mortgagee) accordingly, prior to the client committing himself by exchanging contracts. Any onerous matters would normally be taken into account in arriving at an acceptable purchase price.

Not only does chancel repair liability fall into the category of ‘onerous matters’, but so do restrictive covenants, positive covenants, potential developments in close proximity to the property, and so on. All these can have profound financial consequences which are not able to be easily assessed in advance.

The conveyancing solicitor will also have advised the client about the possibility of arranging indemnity insurance relating to a chancel repair liability claim.

So, the purchaser, in buying the property, is doing so while paying a purchase price adjusted to take into account matters affecting the property, and with knowledge and warning of the adverse matters affecting it. Having decided to proceed, how can it then be equitable for the purchaser to cry foul, if adverse consequences do subsequently arise?

Felicity Higson, Edgeworth, Gloucestershire