Chancel Repair Liability: You Just Can't Enough Of It

Some of you may have read my previous posts on Chancel Repair Liability, Chancel Repair Liability Updated and King Henry VIII's Conveyancing legacy.

I have been amazed at the interest generated which range from Chancel Repair Liability Insurers to the Wall Street.

I am particularly indebted to fellow solicitor Neil McCormick from Frome, who has given me the benefit of his learned insights.

I have drawn together some of the input and feedback, and expanded and fine tuned my previous articles to give a better insight on the common instances and practicalities of Chancel Repair Liability in modern Conveyancing practice.

1. Can you be more specific and describe what is a Chancel:

The Chancel is the roughly the area including the altar and the choir stalls, which accounts for pretty much the east end of the Church, or 25% of the total area of the Church.

2. How does Chancel Repair Liability arise?

a) Ownership of Glebe Land (that is ancient land set aside, from which the income was used to upkeep of the parish church)

b) Ownership of Land acquired in lieu of tithes under local Enclosure Acts

c) Ownership of tithes created by local Enclosure Acts

d) Ownership of tithes created by the Tithe Acts 1836

3 Is it confined to Pre Reformation Churches?

The legal obligation to maintain the Chancel was a trade off for receiving income from glebe lands or tithe dating back to around 900 AD.

Henry VIII when he dissolved (or privatised as we would say now) the monasteries, allowed for the first time that the right to this income no longer was confined to a church institution but could be a lay person, the so called Lay Rectors.

4 What is estimate of properties which might be afected by Chancel Repair Liability?

As many as 5200 parishes may be the subject of the Liability

5 What are the most recent Acts which govern the law in relation to Chancel Repairs?

The 1932 Chancel Repair Act transferred jurisdiction from the Ecclesiastical Courts to the County Court.

The main issues are contained in the 1936 Tithes Act

6 What if my property is unregistered at the Land Registry

If your property is unregistered and specific reference is contained in your title deeds to the Chancel Repair liability, the liability will be noted on your title at the time of first registration, even if this occurs after 2013, the cut off date for registered properties

7 Will my house be the only one liable?

In all cases the liability will be joint and several. So your property could be singled out by the PCC.

It would then be for you to seek recompense from others similarly liable

8 Has anyone had to pay up recently to repair the Chancel of their local church?

Yes. The unfortunate Wallbanks ended up selling their farmhouse Glebe Farm, to pay for the repair of the Chancel to St. John the Baptist Church in Aston Cantlow, Warwickshire. The cost of the repairs was estimated at £200000, and probably as much again in legal costs taking their case all the way up to the House of Lords.

9 Is the liability to Chancel Repair well known?

Despite the recent House of Lords case involving the parish church of Aston Cantlow and Mr and Mrs Wallbanks, it is thought that relatively few parishes are aware. This will no doubt change in the run up to 2013. All solicitors will be aware of the potential liability

10 What effect could Chancel Repair Liability on the value of my house?

If there is actual reference to Chancel Repair Liability more than if there is no mention whatsoever. The cost of insurance would be greate.

Your Conveyancing Solicitor may (but by no means always, for the reasons already explained) be able to advise you from his or her knowledge of the area

11 What should I do if there is any doubt?

You can do a preliminary search with some insurance companies for a cheaper fee, but in most cases will not reveal much.

The best option is to insure without the search

12 What sort of cost can I expect for Chancel Repair Liability insurance

The cost will normaly be between £50 to £100 plus VAT

The good news is that, even with increased knowledge and more press coverage in the run up to 2013, for the most people, Chancel Repair Liability will not pose a problem.

If in doubt the best advice is to speak with your Conveyancing Solicitor