An on-line screening service has been launched this week to help conveyancers inform homebuyers of potentially onerous chancel repair liability.
ChancelCheck from Chancel Liability Services provides a report within 30 seconds confirming whether or not any property in England is within the boundary of a parish that retains the right to charge for repairs to the church chancel.
The service, the brainchild of solicitor Matt Le Breton and chartered surveyor Nicholas Francis, uses historical parish boundary data, modern geographical information and mapping techniques and information from the Inland Revenue held by the National Archive.
Chancel repair liability is an ancient interest that makes owners of former rectorial land liable at common law for the cost of repairs to the parish church. It is attached to land in 35% of parishes in England and Wales and is an overriding interest until 2013.
The potential hazard was underlined in Parochial Parish Council of Aston Cantlow v Wallbanks [2003] 3 WLR 283, when the Lords overturned a Court of Appeal decision and held Andrew and Gail Wallbank liable for more than £95,000 of repair to Saint John the Baptist in Aston Cantlow, Warwickshire.
ChancelCheck's data is stored electronically. A conveyancer sets up an account on-line, inputs the address and postcode of the property and a report is e-mailed back. It costs £6 plus VAT.
Where no risk is identified, ChancelCheck issues a certificate confirming this. Where a check indicates a potential risk, the providers offer insurance cover for £44.
Mr Le Breton said: 'Most conveyancers work under the misconception that this only affects vicarages or properties in rural land. Everywhere was rural in medieval times.'
Links: www.clsl.co.uk
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