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

Chancel Repair liability is an ancient medieval law which could still affect your

Conveyancing transaction when you buy a property in England and Wales.

Here is a run down of 21 questions on the common instances and practicalities of Chancel Repair Liability in modern Conveyancing practices, and how it can impact on the buying and selling of your home.

Let's start at the beginning:

1. What is a Chancel:

The Chancel is the area where the altar, pretty much the east end of the Church.

2. What is the standard of repair required: Is it unlimited?

It was thought to be nothing more than keeping the Chancel watertight and maintain essential fittings. There was no obligation to provide repair which was purely ornamental and decorative. This seems to be no longer the case and improvements can be factored in to the cost

3. Why is it confined to Pre Reformation (1534) Churches?

It is simply a Conveyancing anomaly going back to the reign of Henry VIII. When he dissolved (or privatised as we would say now) the monasteries, he also passed on the liabilities to the new owners, who became Lay Rectors.

4. How many properties are affected by Chancel Repair Liability?

It is estimated that as many as 5200 properties may be the subject of the Liability, although some 1200 will be the responsibility of the Church Commissioners and Deans of Oxford, Cambridge and Durham Universities as well as the colleges of Winchester and Eton.

5. What act governs the law in relation to Chancel Repairs?

The 1932 Chancel Repair Act.

6. Will the Chancel Repair Liability show up on my Title Deeds?

Not necessarily. In some cases it will be, but in the majority of cases no.

7. My property is registered at the Land Registry. Will the Land Registry make it clear?

No, the same still applies. However, if there is no entry placed on your deeds by 2013 (because of legislation passed in 2002), then the liability cannot be enforced against you.

8. Who can enforce Chancel Repair Liability?

The 1932 Chancel Repair Act gave the power to bring court action, if a lay rector failed to repair the Chancel of a relevant church, to the Parochial Church Council

9. What or who is a Lay Rector?

Quite complicated to explain, but in essence, the Lay Rector was in most cases, institutions which took on the responsibility of the rector's liability as a result of the dissolution of the monasteries. However, in some cases this could also be the person who assumed the liability handed down with land through the generations.

10. Why would a PCC want do this in this day and age?

Money is tight, and in the most recent case, the PCC were refused a grant from English Heritage because "they had failed to exhaust other avenues of finance" i.e. Chancel Repair Liability

11. Will my house be the only one liable?

In most cases the liability will be joint and several. The PCC could choose to pursue who they liked. That person in turn would be able to claim a contribution from all liable parties. (Although, that would be easier said than done). The worry is that just one registration in an area could allow the whole cost of the repair to be claimed

12. How far away from the Church does my house have to be?

It depends on ancient parish boundaries. You would normally be within sight of the church, but you could be some 30 miles away.

13. Is there anywhere where such maps could be inspected?

The National Archive at Kew has the most information. There is also an online search facility available

A personal search of various historical records could also reveal whether a property would be liable. This would be time consuming and very expensive.

14. Are there any property names which might give the game away?

Yes, there are a few telltale signs. Anywhere with the following should be investigated carefully; Rectory, Glebe, Vicarage and Parsons

15. Are properties in Wales affected as well?

Yes, but to a lesser extent, as Wales was subject to specific legislation in 1920

16. Has anyone had to pay Chancel Repair Liability recently?

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.

17. What about the Human Rights Act and if my religion is not Church of England?

The human rights angle was used in the Wallbanks case. The Court rejected the argument that the liability was "an unfair and arbitrary tax" as the PPC is not a public body, and church repairs were a private matter. This seems somewhat spurious.

18. Will the knowledge of the liability have an effect on the value of my house?

Yes, if it known. No, if is not known. Your Conveyancing Solicitor will be able to advise from his or her knowledge of the area

19. If there is any doubt, can I insure the property against future liability?

Yes, you can. In the first instance, your Conveyancing solicitor can carry out a screening report. A number of companies carry out such searches. The best known is perhaps ChancelCheck to see if the property is within a potentially liable parish.

20. Is this expensive? No the initial search costs 15 plus VAT

21. What happens if the property I am buying could be potentially liable?

Your Conveyancing Solicitor can then have the property insured for the full amount of the purchase price. Most general legal indemnity insurers will provide cover based on the value of the property. One such policy is ConveySure from the same company which provides ChancelCheck.

The good news is that the Chancel Repair Liability has a definitive shelf life.

The bad news is that until then the liability could bite you firmly on the backside.

The further good news is that you can safely insure where you are in doubt.

The best advice is to speak with your Conveyancing Solicitor

by: Paul Hajek

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