Chancel repair part 2

[toolly]

I know, thrilling it isn't. I just spoke to the conveyancers I used to buy the house in 2004 and they confirmed they hadn't done a search then but they felt they didn't need to. Do you think they are just covering themselves. Do you think it's worth asking the law society about this?
Thanks

F* yes! Your conveyancers didn't bother doing a search!

That is so basic - speak to Law Soc (although they tend to be there for lawyers' sakes rather than public's) and also try trading standards. If the chancel repair is an expensive one, I would get a different firm of solicitors in to chase them.

But have you confirmed that such a potential liability actually exists? You would only have a valid claim against the conveyancers if you can show some loss or damage. Have the searches being done by your purchaser actually shown a potential liability?

Hi,
You couldn't do a search in 2004 without going, in person at great cost, to the National Archives at Kew. Now, we can do quick online searches which show whether the area in which your proeprty is located has Chancel Repair Liability; that search doesn't tell you if your property is liable, just if the property is in an area that does.

If it's in an area that has SOME properties which have liabilty, you can do one of three things:

1. Nothing, accept the potential risk (last big case - owners forced to pay £90,000)
2. Buy Chancel Repair Indemnity Insurance - about £60
3. Do a full search for about £100-£150 which will take ages.

I wish we (conveyancing lawyers) didn't have to get our clients to buy insurance, but it's quicker and cheaper - no-one is prepared to take a risk or take the time and pay the money to get a proper, thorough, job done I'm afraid.

agree with seabright.

On the OP's initial question about whether the solicitors should have done a chancel search, they may be covering themsleves. But it depends on what part of the country your property is in when solicitors should have definitely done one rather than erred on the side of caution and done one - some areas are more "red alert" parts of the country than others (Norfolk, Cambridgeshire, Suffolk being key examples).

Get the chancel repair indemnity insurance if your house is revealed to be in a cancel area - you should be able to get it set up in a day