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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I was under the impression that the parish of Great Maplestead

Resolved Question:

I was under the impression that the parish of Great Maplestead had no problems with Chancel repair liability, since I live in Little Maplestead and I seem to remember that there was a reason they didn't have to worry about it. The reason I ask is that we have a piece of land we are about to sell and the solicitors are asking us to pay for CRL insurance, and I believed that it had to be sorted out by October 2013, which we did in Little Maplestead.
I don't think it is necessary to pay for insurance anymore, am I right?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhen did you purchase that piece of land?
Customer: replied 1 year ago.
60.82 acres known as land at School Farm Little and Great Maplestead bought from the Hunnable family trusts by us Messrs CS and JM Gosling.
Contracts signed on 29th January 1993 and Completion on 12th February 1993.
No mention of Chancel Repair Liability in the Purchase.On October 2004 we sold to Sunnucks our neighbour a small strip of land totalling 0.0665 acres which was completed on 10/12/2004.
Within the searches (NB this was in Little Maplestead Parish) a request for an insurance Indemnity for Chancel Repairs Liability from the Purchasers was agreed on the basis of a proportion of £100 of the premium of £250 should be contributed by the Goslings.On 21/7/2011 We sold 36.78 Acres to Messrs Sunnucks and completed on 15/8/.2011 No mention was made of CRL. (the land in this deal was at least 75% Little Maplestead Parish and only 25% Great Maplestead Parish.The current deal is land all in Great Maplestead Parish and the Sunnucks Solicitors are marking up a possible CRL on the area for sale which is 23.97 acres. They are asking for all the premium for CRL Potential Liability totalling £750.
We understood from investigations about CRL by my wife who is Church Warden of LM Parich Church that there was a large liability for the parish of LM, but a negligible liability for GM Parish.The Title Number is ***** 477909
I hope this is sufficient information.Yours sincererly
CS Gosling
Expert:  Clare replied 1 year ago.
Hi
Thank you for that.
You are of course correct the deadline was 12th October 2013 for PCC's to register Chancel Liabilities BUT if the liability was not registered by that date it did not cease to exist, and it remains possible to register a notice of chancel repair liability for registered land or a caution against registration for unregistered land.
Accordingly properties purchased and registered before 12th October 2013 still remain vulnerable until the property is next sold.
Since you purchased the property before 12.12.13 there is still, technically, a risk.
You and I know that it is not a real risk - but sadly in this insurance focussed world it is unlikely that you will sell unless you pay for the Insurance
Please ask if you need further details
Clare
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