The Residential Conveyancing process may look pretty simple when two solicitors come together from buyer and seller and sign an agreement. The agreement gets registered at Land Registry office and the conveyancing process gets completed, this is the very basic idea of conveyancing. However, in real life, there are many complications and obstructions that come before the buyer or seller during or before the conveyancing process. Some are common and often classified as legal complications but some are uncommon but equally complex. Chancel Repair Liability is one of the issues that can have an adverse impact on conveyancing cost and thus it is very important to understand what it is and how it should be dealt.
What is Chancel Repair Liability?
The properties in the United Kingdom that are built on the ecclesiastical land of the Church are responsible for the maintenance of it. To elaborate it more preciously, all the properties that come under the Parochial Parish Council should contribute to the maintenance of the Church. In fact, the Church is entitled to have it. Even though the Land Registration Act 2002 enforced a 10 year deadline for the Chancel Repair Liability, but the properties registered before 13th October 2013 are largely vulnerable to this entitlement. However, the Section 29 also allows the Council to seek interest on the same even on the property registered post that date. The claim of the church can be huge and sometimes extremely high.
How does it impact conveyancing?
Any person who wants to legally buy a property that comes under the Chancel Repair Liability may get the notice of the maintenance cost. In the United Kingdom, the liability cost is generally huge and that may either shelve the plans of the buyer or a legal battle may start. It is time consuming and money losing chances equation for the buyer. However, due to the liability claims many tend to buy the property especially if the property was last registered before October 13, 2012. In such cases, the buyers may get a good price. However, that does not mean that the liability claim cannot be made. There are still chances that the Church can make liability claims even if the registration is done after October 13, 2012.
What one should do?
For a buyer, it is very important to take a clear stand on the issue. The first thing is to carry out a detailed search of the property by the solicitor to ensure the probability of this liability claim. The registration of the property and the valid papers are generally cross verified to understand the chances of chancel repair liability. A buyer can pay the amount through a solicitor or go for the legal assistance. However, insurance and early measures are more recommended for the repair liability claims. There are many properties that get into the not so famous chance repair but early consideration and careful observance can be very helpful for the buyer.
The conveyancing process may get hampered and the cost of conveyancing process may increase by considerable fold including the time to complete the process.