Chancel repair searches- FS Flashcards
(8 cards)
What is the purpose of a chancel repair search in conveyancing?
To determine whether a property is subject to an historic obligation to contribute to the repair costs of the chancel of a parish church.
What does a positive chancel repair search result mean for the buyer?
It indicates that the property may be liable for contributions towards church repairs, which could result in unexpected financial obligations.
What does it mean if the chancel search says “no record of risk is held by the National Archives”?
It means the property is not within a known area of liability, so there’s no anticipated obligation to contribute to chancel repairs.
How should a buyer respond to a chancel repair risk?
The buyer can be advised to take out an indemnity insurance policy to protect against potential future claims for chancel repair liability.
What is a tithe district in the context of a chancel repair search?
A tithe district is a historical land unit used for assessing church payments; absence of risk within such a district may mean no liability exists
What if a record shows the Church Commissioners hold full liability?
If liability is held by the Church Commissioners, cathedrals, or educational institutions, the buyer is not responsible for chancel repairs.
What does a “green light” result on a chancel search indicate?
It means there is no apparent risk of chancel repair liability for the property—safe to proceed without concern on this issue.
Why is a chancel repair search still relevant in modern property law?
Despite being an ancient obligation, chancel repair liability can still be enforced unless officially removed or unless the land is registered without notice of the liability.
