The solicitor
Donall Murphy
I am in the process of buying a home in Dawlish and have learnt that property in the town is subject to a chancel repair tax claimable by the Bishop of Exeter. Is the risk of a claim real, and what can I do to protect myself?
Ian Mitchell, by email
Under medieval canon law, the rector of a parish church was responsible for the repair of the church chancel — to be paid for partly by tithes collected from the “rectorial glebe land”. This practice continues today. It sounds as if you undertook a “chancel check” search, which can determine whether a property is in a parish where a chancel-repair liability is a possibility. Your solicitor can arrange an indemnity policy to cover the potential contribution to repairs of the church chancel. The solicitor can also advise you on the level of cover needed, which does not have to reflect the property value. If insurance is not arranged, there is a risk that you may be required to contribute towards chancel repairs in the future.
Donall Murphy is a partner at Russell-Cooke LLP; russell-cooke.co.uk
The green expert
Julia Kendell
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I recently had solar panels installed on my roof and, as the “generator”, am now receiving the generous feed-in tariff. If I sold my property and was not able to negotiate an acceptable arrangement with the purchaser, would I be entitled to retain the feed-in tariff, even though the ownership of the panels, being attached to the property, had been passed on?
Ian Tomisson, by email
It would be usual to sell the panels as part of a house sale, but if the buyer did not want the tax-free payments, which is unlikely, you could arrange a legal agreement to “rent” the roof space. This is the same agreement that many solar-photovoltaic (PV) suppliers have developed in the “free” PV model, where the owner and the mortgage company agree to lease the roof space for 25 years, binding on any future purchaser, so the owner can receive the feed-in tariff. This agreement will contain clauses about access and maintenance. It would be expensive for you, but possible. Panel ownership will pass to an heir and, as with any other financial investment, the payments will continue to be made until the conclusion of the 25-year term.
Julia Kendell; juliakendell.com
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