Chancel Repair Liability: 21 Things You Need to Know And Then Mostly Forget

Chancel Repair liability is an ancient medieval lawcontribution from all liable parties. (Although, that
which could still affect your Conveyancingwould be easier said than done). The worry is
transaction when you buy a property in Englandthat just one registration in an area could allow
and Wales.the whole cost of the repair to be claimed
Here is a run down of 21 questions on the12. How far away from the Church does my
common instances and practicalities of Chancelhouse have to be?
Repair Liability in modern Conveyancing practices,It depends on ancient parish boundaries. You
and how it can impact on the buying and selling ofwould normally be within sight of the church, but
your home.you could be some 30 miles away.
Let's start at the beginning:13. Is there anywhere where such maps could be
1. What is a Chancel:inspected?
The Chancel is the area where the altar, prettyThe National Archive at Kew has the most
much the east end of the Church.information. There is also an online search facility
2. What is the standard of repair required: Is itavailable
unlimited?A personal search of various historical records
It was thought to be nothing more than keepingcould also reveal whether a property would be
the Chancel watertight and maintain essentialliable. This would be time consuming and very
fittings. There was no obligation to provide repairexpensive.
which was purely ornamental and decorative. This14. Are there any property names which might
seems to be no longer the case andgive the game away?
improvements can be factored in to the costYes, there are a few telltale signs. Anywhere with
3. Why is it confined to Pre Reformation (1534)the following should be investigated carefully;
Churches?Rectory, Glebe, Vicarage and Parsons
It is simply a Conveyancing anomaly going back15. Are properties in Wales affected as well?
to the reign of Henry VIII. When he dissolved (orYes, but to a lesser extent, as Wales was
privatised as we would say now) the monasteries,subject to specific legislation in 1920
he also passed on the liabilities to the new16. Has anyone had to pay Chancel Repair Liability
owners, who became Lay Rectors.recently?
4. How many properties are affected by ChancelYes. The unfortunate Wallbanks ended up selling
Repair Liability?their farmhouse Glebe Farm, to pay for the repair
It is estimated that as many as 5200 propertiesof the Chancel to St. John the Baptist Church in
may be the subject of the Liability, although someAston Cantlow, Warwickshire. The cost of the
1200 will be the responsibility of the Churchrepairs was estimated at £200000, and probably
Commissioners and Deans of Oxford, Cambridgeas much again in legal costs taking their case all
and Durham Universities as well as the colleges ofthe way up to the House of Lords.
Winchester and Eton.17. What about the Human Rights Act and if my
5. What act governs the law in relation to Chancelreligion is not Church of England?
Repairs?The human rights angle was used in the Wallbanks
The 1932 Chancel Repair Act.case. The Court rejected the argument that the
6. Will the Chancel Repair Liability show up on myliability was "an unfair and arbitrary tax" as the
Title Deeds?PPC is not a public body, and church repairs were
Not necessarily. In some cases it will be, but in thea private matter. This seems somewhat spurious.
majority of cases no.18. Will the knowledge of the liability have an
7. My property is registered at the Land Registry.effect on the value of my house?
Will the Land Registry make it clear?Yes, if it known. No, if is not known. Your
No, the same still applies. However, if there is noConveyancing Solicitor will be able to advise from
entry placed on your deeds by 2013 (because ofhis or her knowledge of the area
legislation passed in 2002), then the liability cannot19. If there is any doubt, can I insure the
be enforced against you.property against future liability?
8. Who can enforce Chancel Repair Liability?Yes, you can. In the first instance, your
The 1932 Chancel Repair Act gave the power toConveyancing solicitor can carry out a screening
bring court action, if a lay rector failed to repairreport. A number of companies carry out such
the Chancel of a relevant church, to the Parochialsearches. The best known is perhaps
Church CouncilChancelCheck to see if the property is within a
9. What or who is a Lay Rector?potentially liable parish.
Quite complicated to explain, but in essence, the20. Is this expensive? No the initial search costs
Lay Rector was in most cases, institutions which£15 plus VAT
took on the responsibility of the rector's liability as21. What happens if the property I am buying
a result of the dissolution of the monasteries.could be potentially liable?
However, in some cases this could also be theYour Conveyancing Solicitor can then have the
person who assumed the liability handed downproperty insured for the full amount of the
with land through the generations.purchase price. Most general legal indemnity
10. Why would a PCC want do this in this day andinsurers will provide cover based on the value of
age?the property. One such policy is ConveySure
Money is tight, and in the most recent case, thefrom the same company which provides
PCC were refused a grant from English HeritageChancelCheck.
because "they had failed to exhaust otherThe good news is that the Chancel Repair Liability
avenues of finance" i.e. Chancel Repair Liabilityhas a definitive shelf life.
11. Will my house be the only one liable?The bad news is that until then the liability could
In most cases the liability will be joint and several.bite you firmly on the backside.
The PCC could choose to pursue who they liked.The further good news is that you can safely
That person in turn would be able to claim ainsure where you are in doubt.