Chancel Repair Liability still exists
Do you still need a Chancel Check? ...The answer is yes.
It is imperative that Chancel Checkis still saught in every transaction because:
- According to 5.4.1 of the CML Lender’s Handbook, you still need to carry out all usual and necessary searches:
“In carrying out your investigation, you must ensure that all usual and necessary searches and enquiries have been carried out. You must report any adverse entry to us but we do not want to be sent the search itself. We must be named as the applicant in the Land Registry search.” - A unilateral notice for Chancel Repair Liability can still be lodged against a title whilst the Priority Search (OS1) is in place.
- Chancel Checks will identify if there will be any risk of Chancel Repair Liability being registered during the transaction, as finding out during the contracted period, means there may be huge implications for both parties.
- Identifying potential risk and (where necessary) insuring against Chancel Repair Liability, will assist in securing the completion of a registration at Land Registry and protect both your client and your risk of liability. N.B: Insurance needs to be put on risk at the point where the potential risk is identified and not at the end of the transaction.
- Conveyancing protocols (i.e the CQS or SLCQA) require greater transparency within the conveyancing process for both parties.