They can both cost you an enormous amount of money.
How so? I hear you cry, well read on.
A vast wad of paperwork arrived yesterday from our solicitors related to impending dishwasher purchase.
Two items are of interest in relation to this entry:
1. Chancel Repair Liability
This is a legal repairing liability that dates back to the middle ages which enables some (pre reformation) churches to call upon the owners of properties that are on what used to be church land to repair the chancel (including alter, communion table and choir stalls). In return for this land the original owners became lay rectors and responsible for the upkeep of the church. This responsibility is inherited and so passed down to current owners of properties on former church land.
Apparently in 2003 the parish church of Aston Cantlow in Warwickshire demanded £95,260.84 for repair work from the owner of a local property. The owner who suitably unimpressed went to court, ultimately the church’s right was upheld by the House of Lords.
Naturally there was a public outcry and chancel repair liability is due to be scrapped in 2013, which does not help anyone at the moment who lives on “church” land.
So today there are Chancel Liability search companies, who for a modest fee will search land registry, church, local council and others records to try and ascertain whether any land was previously owned by a local church.
If you find out you are potentially eligible to Chancel Repair Liability (after all it depends on whether the church is falling down and whether they want the locals to pay for it), then you can take out an insurance premium for £59.88 which will cover you for up to £1,000,000. This in itself is I think quite reasonable.
Now here is the nub of the matter:
It is possible sometimes to approach the Dean of the church to enquire whether your plot of land is definitively affected by Chancel Repair Liability, but to do so automatically invokes forfeiture of the right to take out the indemnity insurance cover.
2. Environmental Cleanup
Land that now has a nice house on may have previously been a landfill site, waste disposal dump, chemical factory etc etc. Normal house searches do not provide information relating to previous usage of land, they only search for future use of land of your property and the surrounding area – so you know you can buy a house one day and not have a bypass (trying to avoid H2G2 gags at the moment) running through it the next.
Therefore its conceivable that your shiny house may have been built on a toxic waste site and you would not know.
The problem of this of course, is that if it transpires that your land contains items that are damaging to the environment the its your problem about clearing it up. Not the previous owners, yours.
So for another reasonable fee, though notably more than the Chancel Repair Liability charge you can have another search done, this time through a different set of data providers to find out that you are living on a toxic waste dump.
It therefore is not inconceivable that you could end up living on a toxic waste dump that was owned by a church that is falling down and the diocese expect you to pay to repair the church and have the government expect you to sort the land out.
But what irritates me is that I have to pay more money to find that out.