With 5,200 Parishes in England and Wales having some land within its Parish the subject of Chancel Repair Liability, and the likelihood that the Liability is going to be more vigorously pursued by the Church of England in the period up to 13th October 2013, we produce an Update on what this Liability is. It has been called by the highest Court in the Land “anachronistic, even capricious”. Yet it is estimated that the best part of 30% of all churches are medieval and that therefore come within the ambit of their Parochial Church Council being able to demand a chancel repair liability from the modern day owners of land which were formerly rectorial.
On the 1st October 2011, we will see one of the biggest changes in terms of who is responsible for the upkeep of foul sewers and surface water sewers. It will wholly change the relationship between Property Owner and the Sewage Undertaker. These changes have been brought about by Section 105 Water Industry Act 1991 and a Statutory Instrument entitled “ Water Industry (Schemes for the Adoption of Private Sewers) Regulations 2011. In order that one can properly understand the magnitude of the changes, we have set out some definitions as to what key words mean
LEASEHOLDERS RIGHTS OF ACQUISITION OF THE FREEHOLD TO A HOUSE
In a number of areas in England and Wales it was a common practice for Developers in the early part of the twentieth century to sell a new build house as a Leasehold. A Leasehold means the right to own a Property for a defined period of time- called “ a term of years”- subject to paying to the owner of the Freehold, a fixed annual rent and complying with obligations called “Covenants”. Quite often there is a Covenant which states that you cannot alter the external appearance of the House or build any extension or out building without the consent of the Owner of the Freehold. This is called “ a Consent Covenant”.
What is a Shared Ownership Lease
A) This is a Scheme which allows prospective house / flat owners, who are unable to buy a Property outright to acquire a share in the Property. The remaining share being retained by an Organisation which is “ A Registered Provider” (usually Housing Associations or Local Authorities)..
For the vast majority of people who own only one property which is there “one and main” residence, Capital Gains Tax will not be a factor. However for people who own more than one property because they have a property portfolio or are a Buy to Let Landlord, this Guidance Note should be read and understood.