Whether you're a layman looking to understand your own transaction or a lawyer needing assistance with a client's conveyancing our step by step sale and purchase guides will lead you through the process while our mini guides will break the whole thing into manageable chunks and give a deep insight into the key issues and stages. Leasehold, freehold, unregistered, registered – we've got it all covered.
Need help with a remortgage or transfer of equity / deed of gift? Our guides will walk you through the process and highlight some of the common pitfalls. Mortgages and transfers can be very simple procedures but complex issues can sometimes arise and mistakes are easily made. These guides will help you deal with them.
So you want to have a go at your own conveyancing? First you should read about the risks, then if you're still happy to proceed, our guides will take you through each stage of the process telling you what to look out for and helping you avoid falling into expensive traps. Our subscription service will give you access to all of the documents you should need for your conveyancing and we can even supply you with the Land Registry Official Copies you'll need. Our general guides will cover all the obstacles you are likely to face and offer a practical solution. Have a look at our sale and purchase guides too.
A big part of the conveyancing process is the conveyancing searches. This section tells you all about them. What they are, how and when to order them and how to interpret the results. Each search has its own guide and you'll see they are separated into Standard (should be done in every case), Regional (area specific) and Optional (not essential but often useful tools for the would be purchaser). All buyers should beware that when you buy a property, the law assumes that you have seen the information that would have been revealed by searches whether or not you have actually carried them out, so you buy the property subject to the results.
Using a conveyancer to handle your conveyancing will greatly reduce the risk to you and sometimes, particularly if you are taking out a new mortgage, you will have no choice but to instruct a conveyancer. The good news is it doesn't have to break the bank. Get a free, instant quote here. We can also help with quick easy quotes for other moving related services.
Are you looking for the documents you'll need for your conveyancing transaction? Or official copies of the title or other documents from Land Registry. We can help you. Follow the links below.
This is the liability of a property owner to contribute to the cost of repair of the chancel (or steeple) of a church. It dates back to medieval times when the local parish church owned large tracts of land. It would sell off land within its parish on the condition that the purchaser contributed some or all of the cost of chancel repairs in future.
These chancel repair liabilities were not always formally recorded by way of a deed since they pre-date the development of the conveyancing system we know today and they were largely forgotten about for many years, until the introduction of the Land Registration Act 2002. Under the act all chancel repair obligations have to be registered at land registry by 2012, otherwise they cease to be enforceable. This has led to the church scouring its archives to find instances where obligations exist and having them registered.
This question has been the source of some debate in recent times. Firstly, there are two levels of chancel liability search. The basic search will cost around £15 and will state whether the property is within a parish where a potential chancel repair liability exists. This does not necessarily mean that the property itself is affected. The companies which provide these searches generally also sell insurance against the risk which has led some to argue that the search results are of little value since the risk is exaggerated in order to sell more insurance. The more in depth chancel liability search will cost about £100 and though more specific to the property, it is still not definitive. If a liability is identified via this search then indemnity insurance cannot be obtained.
Having said this, there have been some large claims against home owners recently as the church has sought to register its interests prior to the 2012 deadline.
Before ordering the chancel liability search it is worth considering the location of the property and the nature of the estate. The first thing to consider is whether there is actually a medieval church in the vicinity. If the nearest is several miles away then it probably will not have an effect. Secondly, how densely populated is the area? If there are several thousand houses within a 2 mile radius of the church then remember that the liability will probably be split between all of them. A £10,000 repair bill seems daunting until it is divided by 1000 properties.
There are various companies which will supply chancel searches. We have partnered with a reputable search company to make ordering a chancel liability search easier, click link to order.
If the basic search is carried out and the property is revealed to be in a parish with a potential risk then there are two options. The first is to carry out a full search. This will cost around £100 - £150 and may establish that the property does not carry a chancel repair liability. It should be noted however that even the full search is not necessarily definitive. A better option may be to purchase indemnity insurance. Such insurance is scaled on the value and size of the property and starts from around £40 (this is a one-off premium). It can usually be purchased from the search provider and will pay any claim made by the church.
If a full search is carried out and does reveal a liability then insurance will not be available. Enquiries ought to be made of the beneficiary church as to the likelihood of a claim being made in the foreseeable future and also whether the church has any records of how many other properties will share the liability. The full situation should then be reported to the purchaser and lender.