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Bulletin IndexCHANCEL REPAIR LIABILITY - MAKE IT OUR PROBLEM NOT YOURS?
18th March 2010
Some providers continue to ignore the full text of the CML Handbook when advertising on the subject of Chancel Repair Liability:
ChancelCheck® remains the only way to comply with CML and Law Society guidance to carry out all usual and necessary searches - screening your client's property against potential chancel repair liability for the nominal fee of £15 + Vat and saving your client the expense of an insurance premium unless it is absolutely necessary.
ChancelCheck® helps to identify a potential chancel repair liability - it doesn't tell you if you are specifically liable as insurance would then be more expensive and, in cases of first registration of title, you would have to disclose that information to H. M. Land Registry - for the benefit of the church!
BEWARE CHEAP IMPOSTERS
Where a potential liability is indicated, ChancelSure® policies comply fully with the recommendations made by the Law Society, offering cover for diminution in value and contributions in every case. In a time of financial uncertainty, all insurance policies provided by CLS are underwritten by the most secure and consistently-rated insurance capacity available in the legal indemnities market (AA- (Standard & poor); A+ (A.M. Best)) - unchanged since 2006. Where a potential liability is indicated, ChancelSure® policies comply fully with the recommendations made by the Law Society, offering cover for diminution in value and contributions in every case.
CLS is also the home of ConveySure® - the market-leading provider of legal indemnities and title insurance - offering the most secure and consistently-rated cover at the lowest cost via the most effective ordering system (no clumsy Cover Notes).
Please contact our team of expert underwriters on with any queries. CHANCEL REPAIR LIABILITY - SEARCH, THEN INSURE WHERE REQUIRED
CHANCEL REPAIR LIABILITY - LAW SOCIETY GUIDANCE STATES "WHERE THE LIABILITY IS NOT RECORDED IN THE TITLE DEEDS CONSIDERTION SHOULD BE GIVEN AS TO WHETHER IT IS APPROPRIATE TO MAKE ENQUIRIES"
4th March 2010
IF YOU JUST INSURE YOUR CLIENT'S PROPERTY WITHOUT RESEARCHING POTENTIAL LIABILITY ARE YOU SELLING THEM SHORT?
CLIENTS WANT TO KNOW WHAT AFFECTS OR POTENTIALLY AFFECTS THEIR PROPERTY, AND PAY THEIR CONVEYANCERS TO INFORM THEM NOT INSURE THEM WHERE IT IS NOT NECESSARY TO DO SO.
CHANCEL REPAIR LIABILITY - ASK THE EXPERTS - CLS LTD, PROVIDERS OF ChancelCheck® AND ChancelSure® INSURANCE.
THERE IS A SIMPLE LOGICAL PROGRESSION IF YOU FAIL TO SCREEN FOR THIS POTENTIAL LIABILITY AND ALLOW YOUR CLIENT TO MAKE AN INFORMED CHOICE.
SHOULD YOU JUST INSURE WITHOUT A SEARCH AS SOME NON EXPERTS IN THE FIELD OF CHANCEL REPAIR LIABILITY WOULD HAVE YOU BELIEVE IS THE BEST SOLUTION TO THIS ISSUE?
WHERE SUBSEQUENT REGISTRATION AND/OR CLAIM BY THE CHURCH OCCURS THIS LEADS TO DIMUNUTION IN VALUE OF THE PROPERTY
ON SALE OF THE PROPERTY OR AT THE END OF THE TERM OF THE POLICY IT WILL NEED UPGRADING - WHICH WILL BE VERY EXPENSIVE AS A CLAIMS HISTORY NOW EXISTS ON A MATTER THAT WAS NOT INFORMED TO THE CLIENT
THUS THE COST OF NEW INSURANCE IS LAID AT THE CONVEYANCER'S DOOR AS THEY FAILED TO IDENTIFY THE POTENTIAL RISK
THIS LEADS TO A PI CLAIM AGAINST THE CONVEYANCER
UK CONVEYANCING STILL OPERATES ON THE BASIS THAT INDIVIDUALS GO TO CONVEYANCERS FOR ADVICE NOT INSURANCE - WHEN THE AMERICIAN TITLE INSURANCE MODEL CROSSES THE ATALANTIC THE CONVEYANCERS ROLE AND FEE INCOME WILL BE DIMINISHED...
The CML Handbook states that conveyancers should carry out “all usual and necessary searches”.
Screening for potential Chancel Repair liability is a usual and necessary search and failure to carry one out could result in a PI claim against the conveyancer....
DO YOU screen your clients properties with a ChancelCheck® for only £15 plus VAT?? OR will it be one of your clients who hit the headlines next?
The Church is actively registering properties (at a parish not Church Commissioner level). Over 200 parishes have registered to ensure they maintain this opportunity to charge for chancel repair liability - and many other parishes are considering the liability
ChancelCheck® - a simple, online, screening report that remains the only instant online search that utilises the correct mapping data, includes data on Enclosure Awards and Corn Rents and identifies whether the property is or is not situated within a tithe district of a parish that has the potential to charge for chancel repair liability.
Should a potential liability be identified,
ChancelSure® Insurance is available instantly online and includes diminution in value on every policy. ChancelSure® Insurance is one of CLS's suite of ConveySure®
Insurance products providing best price, best cover and the easiest online ordering system available to the UK conveyancing market.
To order these products simply log on to www.clsl.co.uk
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