Member Article

Ancient law could cost homebuyers thousands

Maxwell Hodge is warning homebuyers that they could face bills of hundreds of thousands of pounds if they fail to undertake Chancel Repair Liability checks.

An ancient right dating back more than 500 years, Chancel Repair Liability (CRL) gives local churches the right to claim the cost of essential structural repairs from homeowners and landowners within their historic parish. Around 5,300 parishes in England and Wales are thought to be affected by CRL.

The government has announced that churches intending to make a CRL claim on land within their parish must register their interest in doing so by October 12 this year at HM Land Registry or lose the right to make a claim. But if they do not, the liability will not automatically end.

Margaret Rutherford, Legal Executive at Maxwell Hodge, warns that landowners, business owners, homeowners and those looking to buy should all be wary and should speak to their solicitor about a CRL check to make sure they are not at risk.

As recently as 2007 the High Court ordered couple Andrew and Gail Wallbanks to pay £250,000 to a church whose parish their farm was situated in after they challenged a claim.

“Churches which register an interest in a parish will be able to make claims at any time in the future,” said Margaret. “Those who miss the deadline will still be able to make claims on existing home and landowners until those assets change hands, in which case the liability will end.

“CRL checks are carried out by your solicitor and typically cost around £24. They will tell you if your property is within one of these ancient boundaries, which differ significantly from today’s local authority boundaries.

“If your property is within an area with a potential existing church claim, you can take out CRL insurance, usually around £50 depending on the value of your property. That will cover you in the event the church makes a claim and help you avoid costly repair bills.”

Maxwell Hodge is one of the region’s leading law firms with more than 80 staff and operates from eight offices including two offices on the Wirral, one in Heswall and one in West Kirby. For more information call 0151 342 6447 or e-mail info@maxweb.co.uk

This was posted in Bdaily's Members' News section by Dan Minchin .