| Chancel Repair liability is an ancient medieval law | | | | contribution from all liable parties. (Although, that |
| which could still affect your Conveyancing transaction | | | | would be easier said than done). The worry is that |
| when you buy a property in England and Wales. Here | | | | just one registration in an area could allow the whole |
| is a run down of 21 questions on the common | | | | cost of the repair to be claimed |
| instances and practicalities of Chancel Repair Liability in | | | | 12. How far away from the Church does my house |
| modern Conveyancing practices, and how it can | | | | have to be? |
| impact on the buying and selling of your home. | | | | It depends on ancient parish boundaries. You would |
| Let's start at the beginning: | | | | normally be within sight of the church, but you could |
| 1. What is a Chancel: | | | | be some 30 miles away. |
| The Chancel is the area where the altar, pretty much | | | | 13. Is there anywhere where such maps could be |
| the east end of the Church. | | | | inspected? |
| 2. What is the standard of repair required: Is it | | | | The National Archive at Kew has the most |
| unlimited? | | | | information. There is also an online search facility |
| It was thought to be nothing more than keeping the | | | | available. A personal search of various historical |
| Chancel watertight and maintain essential fittings. | | | | records could also reveal whether a property would |
| There was no obligation to provide repair which was | | | | be liable. This would be time consuming and very |
| purely ornamental and decorative. This seems to be | | | | expensive. |
| no longer the case and improvements can be | | | | 14. Are there any property names which might give |
| factored in to the cost | | | | the game away? |
| 3. Why is it confined to Pre Reformation (1534) | | | | Yes, there are a few telltale signs. Anywhere with |
| Churches? | | | | the following should be investigated carefully; |
| It is simply a Conveyancing anomaly going back to | | | | Rectory, Glebe, Vicarage and Parsons |
| the reign of Henry VIII. When he dissolved (or | | | | 15. Are properties in Wales affected as well? |
| privatised as we would say now) the monasteries, he | | | | Yes, but to a lesser extent, as Wales was subject to |
| also passed on the liabilities to the new owners, who | | | | specific legislation in 1920 |
| became Lay Rectors. | | | | 16. Has anyone had to pay Chancel Repair Liability |
| 4. How many properties are affected by Chancel | | | | recently? |
| Repair Liability? | | | | Yes. The unfortunate Wallbanks ended up selling their |
| It is estimated that as many as 5200 properties may | | | | farmhouse Glebe Farm, to pay for the repair of the |
| be the subject of the Liability, although some 1200 | | | | Chancel to St. John the Baptist Church in Aston |
| will be the responsibility of the Church Commissioners | | | | Cantlow, Warwickshire. The cost of the repairs was |
| and Deans of Oxford, Cambridge and Durham | | | | estimated at £200000, and probably as much |
| Universities as well as the colleges of Winchester and | | | | again in legal costs taking their case all the way up to |
| Eton. | | | | the House of Lords. |
| 5. What act governs the law in relation to Chancel | | | | 17. What about the Human Rights Act and if my |
| Repairs? | | | | religion is not Church of England? |
| The 1932 Chancel Repair Act. | | | | The human rights angle was used in the Wallbanks |
| 6. Will the Chancel Repair Liability show up on my | | | | case. The Court rejected the argument that the |
| Title Deeds? | | | | liability was "an unfair and arbitrary tax" as the PPC is |
| Not necessarily. In some cases it will be, but in the | | | | not a public body, and church repairs were a private |
| majority of cases no. | | | | matter. This seems somewhat spurious. |
| 7. My property is registered at the Land Registry. Will | | | | 18. Will the knowledge of the liability have an effect |
| the Land Registry make it clear? | | | | on the value of my house? |
| No, the same still applies. However, if there is no | | | | Yes, if it known. No, if is not known. Your |
| entry placed on your deeds by 2013 (because of | | | | Conveyancing Solicitor will be able to advise from his |
| legislation passed in 2002), then the liability cannot be | | | | or her knowledge of the area |
| enforced against you. | | | | 19. If there is any doubt, can I insure the property |
| 8. Who can enforce Chancel Repair Liability? | | | | against future liability? |
| The 1932 Chancel Repair Act gave the power to | | | | Yes, you can. In the first instance, your |
| bring court action, if a lay rector failed to repair the | | | | Conveyancing solicitor can carry out a screening |
| Chancel of a relevant church, to the Parochial Church | | | | report. A number of companies carry out such |
| Council | | | | searches. The best known is perhaps ChancelCheck |
| 9. What or who is a Lay Rector? | | | | to see if the property is within a potentially liable |
| Quite complicated to explain, but in essence, the Lay | | | | parish. |
| Rector was in most cases, institutions which took on | | | | 20. Is this expensive? |
| the responsibility of the rector's liability as a result of | | | | No the initial search costs £15 plus VAT |
| the dissolution of the monasteries. However, in some | | | | 21. What happens if the property I am buying could |
| cases this could also be the person who assumed the | | | | be potentially liable? |
| liability handed down with land through the | | | | Your Conveyancing Solicitor can then have the |
| generations. | | | | property insured for the full amount of the purchase |
| 10. Why would a PCC want do this in this day and | | | | price. Most general legal indemnity insurers will provide |
| age? | | | | cover based on the value of the property. One such |
| Money is tight, and in the most recent case, the PCC | | | | policy is ConveySure from the same company which |
| were refused a grant from English Heritage because | | | | provides ChancelCheck. |
| "they had failed to exhaust other avenues of | | | | The good news is that the Chancel Repair Liability |
| finance" i.e. Chancel Repair Liability | | | | has a definitive shelf life. The bad news is that until |
| 11. Will my house be the only one liable? | | | | then the liability could bite you firmly on the backside. |
| In most cases the liability will be joint and several. | | | | The further good news is that you can safely insure |
| The PCC could choose to pursue who they liked. | | | | where you are in doubt. The best advice is to speak |
| That person in turn would be able to claim a | | | | with your Conveyancing Solicitor. |