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Chancel Repair Liability
Until recently few people would have understood much from the phrase “Chancel Repair Liability”.
A recent Land Registry Practice Guide stated that owners have a duty to disclose and report these liabilities. Under the provisions of the 2002 Land Registration Act all Parochial Church Councils must register their claim for chancel repair liability by the year 2013. It would appear incumbent upon all members, PCC’s to make diligent enquiries and it is suggested that if a PCC as a body fails to register such a claim in their capacity as trustee members of the PCC would be deemed to be negligent.
In the case of Wallbank v Parochial Church Council of Aston Catlow and Wilmcote with Billesley, Warwickshire in June 2003 who lost an appeal to disclaim their liability, many property owners now know this can become a nightmare. The House of Lords therefore highlighted the need for the law to be clarified.
It is to be hoped this potential liability is disclosed on title deeds. A full chancel search does not provide a definitive answer. When Michael Thompson purchased his house in 2006 a “Chancel Check” reported there was no liability. This turned out to be incorrect!Records of these matters are to be found in the Title Ascertainments held perhaps at a Diocesan Office, County Archives and at the National Archives at Kew.
What is Chancel Repair Liability?
Chancel Repair Liability dates back to a time when the customary practice of repairing a Parish Church was divided between the Rector and his parishioners. The Rector was responsible for the maintenance of the altar area of the Church where he officiated (The Chancel), and the parishioners were responsible for the area in which they worshipped (The Nave).
Prior to the 16th Century, the Monarch and many members of the aristocracy became lay benefactors to monastic houses and parish churches, by bequeathing land and money. Often the local Lord of the Manor would pay for a parish church to be built and in so doing would become its patron, with the right to appoint the Rector. Hence many religious houses and churches became wealthy, with income derived from the ownership of glebe lands and tithes and so such Rectorial land was and is not necessarily situated in close proximity to a church building. Wherever the liability existed when Rectorial land was sold or divided the attendent Chancel Repair Liability accompanied the transferred title.
Today it is the task of the researcher attempting to establish an existing Chancel Repair Liability to demonstrate which land in a particular parish is former Rectorial land.
Even where clear records exist, there are always questions and facts to be established. Not least it is to be expected that many fields have been amalgamated and boundaries adjusted.
Michael Thompson of this firm has been closely involved in such an exercise involving the Parishes of Lenton and Osbournby with a land area of some 2000 acres and some 25 home owners.
It is fair to say concern about Chancel Repair Liability will perceive greater over the next few years as 2013 approaches. Under the Home Information Pack Regulations details of this liability are not required, but sellers would be well advised to disclose all information known to them on this arcane matter.
For further general information about Chancel Repair Liability please do contact Michael Thompson,
mthompson@richardsonsurveyors.co.uk
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