Why go around the houses to
find a HIP supplier you’d be
happy to recommend?
Change is Coming
The position will change. The Land Registration Act 2002 came
into force in October 2003. Under a Transitional Provisions Order
the status for chancel repair liability within the current land
registration framework is preserved until October 2013. After that
10-year period the liability will only bind new owners of registered
land if it is protected by an entry on the register. The position in
relation to unregistered land will remain unaltered because
Just one call to WTG Associates is all it takes to find
registration is not possible.
your perfect partner for all things HIPs.
As the clock ticks down to October 2013 it is conceivable that
We can provide both standard and exchange-ready
the trustees of Parochial Church Councils, in discharge of their
packs anywhere in the UK from as little as £229 plus
trustee obligations, will seek to identify the land which is the
VAT, and with minimum fuss or delay. The result is
subject of the obligation in order to register the appropriate
easier and more profitable listings for every agent that
entries. Thereby it would ensure that the relevant land owner
recommends us.
remains liable to pay for chancel repair.
WTG are affiliate members of AHIPP, and are also
not just rural reCtories
happy to provide individual HIP components such as
The type of property gives no clue as to the liability. Investors
EPCs and home condition reports.
might be believe that such a medieval tax would not impact upon So if you need a supplier you can recommend with
their modern property but liability can be found in urban areas confidence, make a beeline for WTG.
and in relation to new properties since it attaches to the former
rectorial land and not the structures placed upon it.
WTG ASSOCIATES LTD
If potential liability is established it is possible to obtain relatively
cheap insurance. Specialist insurers can provide insurance for fixed
periods or in perpetuity for a single premium. The professional
Offices in London, Kent, Cambridge
estate agent should advise property buyers to ensure that the
Manchester and Norfolk
conveyancer commissions a search to establish potential liability
and if potential liability is established should consider insuring the
risk if appropriate. As is so often the case, it really is a case of
caveat emptor; buyer beware.
Stephen Whittaker is a Partner at law firm Weightmans.
You can contact him at Stephen.whittaker@weightmans.com
Do you want to share your experience in the job with others?
www.propertydrum.com/articles/chancel
Aston Cantlow v Wallbank Case (2003)
This report orginally appeared in The Times.
After a long legal battle, Andrew and Gail Wallbank were hit with
a bill for £500,000 as a result of a chancel repair claim.
The couple inherited a plot in Warwickshire on former
rectorial land. In 1990 they received a demand for £6,000 to
repair the windows of a church in Aston Cantlow, close to their
plot. They contested the demand and a 17-year battle ensued,
which the Wallbanks lost.
They were ordered to pay for the repairs (the bill had grown
considerably), as well as the legal costs for both sides totalling
just under £500,000.
There are about 3 million acres of former rectorial land in
England and Wales, and at-risk areas include Fulham in
southwest London, Brighton, Manchester and Lancaster. If a
property for sale is close to a church it is prudent to use a service
called Chancel Check which does what it says in its name and
gives the results within 24 hours.
If a risk is identified the client can take out indemnity
insurance, or have a full search done to reveal whether the area
is at risk and whether that risk relates specifically to the property.
If there is a liability, insurance is relatively cheap.
Chancel Check can be found at www.clsl.co.uk.
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