Nemesis
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A recent thread disussed this possible liability and I posted details of the most awful case at Aston Cantlow, which I have followed with disquiet for a considerable time.
Here is a website with further details:
http://www.chancelrepair.org/
A close friend contacted Mr and Mrs Wallbanks via the site expressing sympathy, and I gather they have been in contact.
My friend has I know now written to our MP with suggestions for a rapid repeal of this law.
It may be that others may wish to consider doing something similar. It may have more effect than yet another petition...
From the website:
The implications of this ruling are far reaching. It means that the Church of England can now hunt down 1000's of property owners across around 5000 English and Welsh parishes whose houses, gardens, schools, businesses etc have been built on the 3.5million acres of old church land, forcing them to pay unrestricted costs for building repairs to the local church.
It is important to note that the liability does NOT have to be mentioned in the property deeds for it to be valid, the owner can still be 'found' by the PCC and the law enforced. Solicitors that DO manage to find out about the obligation during conveyancing are obliged to inform the land registry thus 'cursing' the property and rendering it impossible to sell or indeed to mortgage/remortage.
If you own this land, whether it’s a square foot or 100 acres, you are liable to foot the ‘blank cheque book’ bill of building repairs as soon as you are tracked down by your local church (via the Parochial Church Council PCC).
There may well be several households each owning a portion of the rectorial land in each parish but, due to the arbitrary nature of the law, the church only have to find one person to pay the entire costs, there is no obligation for the church to split the bill between owners (it is up to lay rectors to seek each other out and extract money from their neighbours).
Although it is possible to buy your way out of this obligation, the amount to pay is at the discretion and ‘mercy’ of the Church and you must first pay off the initial repair debt.
An individual can’t sell land or the house associated with the land to raise capital to pay the debt because the land and/or house are effectively made worthless by this potentially limitless financial albatross. Since the repair costs are likely to exceed the value of the average house, many people will be forced to default on their mortgage and let the bank foot the bill, forcing themselves into a desperate financial state. This has serious implications for the UK property market.
Each PCC has until 2013 to track down their lay-rectors. If the liability is discovered after 2013 but the property has not changed hands, the owner is still liable. Owners attempting to sell pre-2013 run the risk of having their liability discovered during conveyancing.
If a 'search' reveals that the property is on rectorial land it is rendered unsaleable due to the chancel repair obligation. It is also impossible to insure retrospectively, i.e. it would be similar to requesting buildings insurance at the time of realising your house is on fire.
Here is a website with further details:
http://www.chancelrepair.org/
A close friend contacted Mr and Mrs Wallbanks via the site expressing sympathy, and I gather they have been in contact.
My friend has I know now written to our MP with suggestions for a rapid repeal of this law.
It may be that others may wish to consider doing something similar. It may have more effect than yet another petition...
From the website:
The implications of this ruling are far reaching. It means that the Church of England can now hunt down 1000's of property owners across around 5000 English and Welsh parishes whose houses, gardens, schools, businesses etc have been built on the 3.5million acres of old church land, forcing them to pay unrestricted costs for building repairs to the local church.
It is important to note that the liability does NOT have to be mentioned in the property deeds for it to be valid, the owner can still be 'found' by the PCC and the law enforced. Solicitors that DO manage to find out about the obligation during conveyancing are obliged to inform the land registry thus 'cursing' the property and rendering it impossible to sell or indeed to mortgage/remortage.
If you own this land, whether it’s a square foot or 100 acres, you are liable to foot the ‘blank cheque book’ bill of building repairs as soon as you are tracked down by your local church (via the Parochial Church Council PCC).
There may well be several households each owning a portion of the rectorial land in each parish but, due to the arbitrary nature of the law, the church only have to find one person to pay the entire costs, there is no obligation for the church to split the bill between owners (it is up to lay rectors to seek each other out and extract money from their neighbours).
Although it is possible to buy your way out of this obligation, the amount to pay is at the discretion and ‘mercy’ of the Church and you must first pay off the initial repair debt.
An individual can’t sell land or the house associated with the land to raise capital to pay the debt because the land and/or house are effectively made worthless by this potentially limitless financial albatross. Since the repair costs are likely to exceed the value of the average house, many people will be forced to default on their mortgage and let the bank foot the bill, forcing themselves into a desperate financial state. This has serious implications for the UK property market.
Each PCC has until 2013 to track down their lay-rectors. If the liability is discovered after 2013 but the property has not changed hands, the owner is still liable. Owners attempting to sell pre-2013 run the risk of having their liability discovered during conveyancing.
If a 'search' reveals that the property is on rectorial land it is rendered unsaleable due to the chancel repair obligation. It is also impossible to insure retrospectively, i.e. it would be similar to requesting buildings insurance at the time of realising your house is on fire.
