Title
Chancel repair liability
A rare risk with an uncapped cost. Screening takes minutes, and where the risk exists the insurance is usually a few pounds.
What it is
What this search covers
Chancel repair liability is a medieval obligation requiring certain landowners to contribute to the repair of the chancel of the parish church. It is uncapped, it is not proportionate to the value of the property, and it attaches to land rather than to the owner.
Since October 2013 the liability is no longer an overriding interest, so it binds a buyer for value only where it has been registered against the title. That has reduced the risk considerably — but it has not removed it, and unregistered land and voluntary registrations both remain live issues.
The practical answer is nearly always the same: screen the property, and where the parish carries potential liability, put a cheap indemnity policy in place and move on.
Included in the report
- Whether the property lies within a parish with potential chancel liability
- Identification of the relevant parish and church
- Assessment of whether further investigation is warranted
- Indemnity insurance quotation where liability cannot be excluded
At a glance
| Turnaround | Varies by property, authority and provider. We give you a realistic timescale when you order — and we work to beat it. |
|---|---|
| Format | Screening report, with indemnity policy arranged where liability cannot be ruled out |
| Who orders it | Any property in or near a historic parish — which is a great many properties |
| Category | Title |
Why it matters
What goes wrong without it
The Aston Cantlow case is why anyone takes this seriously
A single couple were found liable for a repair bill running into six figures. That case is what put chancel liability on every conveyancer's checklist.
Insurance is cheap. Not asking is not.
A chancel indemnity policy typically costs a few pounds on a residential purchase. The cost of explaining to a client why nobody checked is considerably higher.
Questions
Chancel Repair Liability — your questions
Did the 2013 change not end this?
It ended chancel repair liability as an overriding interest, so an unregistered liability no longer automatically binds a purchaser for value. But registered liabilities remain enforceable, and parishes were given the opportunity to register. Screening remains standard practice.
Should we always take the indemnity?
Where screening cannot rule liability out and the premium is nominal, most conveyancers do. It removes the issue entirely. Note that once enquiries have been raised with the parish, insurers will usually decline to offer cover — so screen and insure before you ask questions.
Need this search on a property today?
Send us the address. We will tell you what it needs, what it costs and how long it will take.
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