Articles and Publications
Chancel Repairs
01/Nov/2007
What is Chancel Repair Liability?
According to Medieval law, the Rector of a parish was responsible for repairing the church’s chancel (the eastern end of the church). The liability for this passes with the land, regardless of whether the owner is aware of any liability. Even if there are numerous properties responsible, each owner could be liable for the whole cost of repairs.
Although cases of this are rare, the costs may be substantial. In the recent case of Aston Cantlow v Wallbank (2007) the owners were made to pay £95,000 in repairs. This case was taken to the House of Lords where it was confirmed that the law, although unfair, would remain.
Will my property be affected?
The right is currently an overriding interest, this means it will bind the owner even though the church may not have registered their right and irrespective of whether the owner has had notice of the right. However due to the Land Registration Act 2002, after 13 October 2013 the liability will not be an overriding interest. Therefore, after this date, new owners will only be liable if the church has registered their right with the Land Registry. To the church this right is potentially worth tens of millions of pounds, and so it is expected that many churches will be registering this right before 13 October 2013.
How can I protect myself?
According to Medieval law, the Rector of a parish was responsible for repairing the church’s chancel (the eastern end of the church). The liability for this passes with the land, regardless of whether the owner is aware of any liability. Even if there are numerous properties responsible, each owner could be liable for the whole cost of repairs.
Although cases of this are rare, the costs may be substantial. In the recent case of Aston Cantlow v Wallbank (2007) the owners were made to pay £95,000 in repairs. This case was taken to the House of Lords where it was confirmed that the law, although unfair, would remain.
Will my property be affected?
- Around 35% of all parishes in England and Wales have this right.
- The property does not necessarily need to be close to a medieval church.
- Liability can affect properties in both rural and urban areas.
- The owner may not be aware of the liability, as it does not have to be registered.
The right is currently an overriding interest, this means it will bind the owner even though the church may not have registered their right and irrespective of whether the owner has had notice of the right. However due to the Land Registration Act 2002, after 13 October 2013 the liability will not be an overriding interest. Therefore, after this date, new owners will only be liable if the church has registered their right with the Land Registry. To the church this right is potentially worth tens of millions of pounds, and so it is expected that many churches will be registering this right before 13 October 2013.
How can I protect myself?
- For a relatively small charge (currently £15 + VAT) we can do a routine search. This will tell us whether the property falls within a Parish where liability exists. A report will be issued if there is any potential liability within the parish. Alternatively, a certificate is issued confirming that no risk has been identified.
- If any potential liability is identified, it is possible to take out insurance, which we can obtain on your behalf through a third party. The cover can provide up to £1m for chancel repair liability and legal costs for 25 years. The insurance only covers a claim by the church for repairs, not any reduction in the value of the property if a chancel repair liability is registered against the property.
News
Bankrupty & Winding Up Fees Increase - 25/03/10
New Managing Partner As Lee & Priestley Hold Firm In Tough Conditions - 25/09/09
Two New Associates at Lee & Priestley - 03/11/08
Leeds Law Firm Offers Sickness Leave Advice - 02/04/08
