Chancel Repair Liability - 21 Things You Need to Know and Then Mostly ForgetPosted by Nilsson Terkelsen on February 5th, 2021 Chancel Repair liability can be an ancient medieval law which could still affect your Conveyancing transaction whenever you obtain a property in England and Wales. Here is a shabby of 21 queries about the common instances and practicalities of Chancel Repair Liability in modern Conveyancing practices, and exactly how it could affect the selling and buying of your property. Let's start at the beginning: 1. What is a Chancel: The Chancel is the area the location where the altar, pretty much the east end from the Church. 2. What may be the standard of repair required: Is it unlimited? It was regarded as simply keeping the Chancel watertight and gaze after essential fittings. There was no obligation to deliver repair which was purely ornamental and decorative. This seems to be no longer true and improvements may be factored in for the cost 3. Why is it confined to Pre Reformation (1534) Churches? It is simply a Conveyancing anomaly going back for the reign of Henry VIII. When he dissolved (or privatised even as we would say now) the monasteries, younger crowd handed down 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 will be the subject from the Liability, although some people might 1200 will be the responsibility from 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 regarding Chancel Repairs? The 1932 Chancel Repair Act. 6. Will the Chancel Repair Liability show on my Title Deeds? Not necessarily. In some cases it will be, but in virtually all cases no. 7. My property is registered at the Land Registry. Will the Land Registry inform you? No, a similar still applies. However, when there is no entry placed on your deeds by 2013 (because of legislation passed in 2002), then this liability cannot be enforced against you. 8. Who can enforce Chancel Repair Liability? The 1932 Chancel Repair Act gave the ability to bring court action, in case a lay rector did not repair the Chancel of a relevant church, towards the Parochial Church Council 9. What or who is a Lay Rector? Quite complicated to describe, however in essence, the Lay Rector what food was in many cases, institutions which took about the responsibility in the rector's liability as a result with the dissolution of the monasteries. However, occasionally this can also be the individual that assumed the liability handed down with land from the generations. 10. Why would a PCC want try this with this point in time? Money is tight, plus the most up-to-date 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 the home be the only one liable? In most all cases the liability will likely be joint and many. The PCC could choose to pursue who they liked. That person in turn would be able to claim a contribution all liable parties. (Although, that might be easier said than done). The worry is one registration within an area could allow the whole cost from the repair to get claimed 12. How far from the Church does my house have to become? It depends upon ancient parish boundaries. You would normally be within sight in the church, but you might be some 30 miles away. 13. Is there anywhere where Check Out Your URL could be inspected? The National Archive at Kew has got the most information. There is also an online search facility available. A personal search of various historical records can also reveal whether home could be liable. This could be time intensive and very expensive. 14. Are there any property names that might provide game away? Yes, there are several telltale signs. Anywhere with the following ought to be investigated carefully; Rectory, Glebe, Vicarage and Parsons 15. Are properties in Wales affected too? Yes, but to a lesser extent, as Wales was at the mercy of specific legislation in 1920 16. Has anyone were required to pay Chancel Repair Liability recently? Yes. The unfortunate Wallbanks finished up selling their farmhouse Glebe Farm, to pay for the repair in the Chancel to St. John the Baptist Church in Aston Cantlow, Warwickshire. The cost in the repairs was estimated at £200000, and probably just as much again in legal costs taking their case entirely up to the House of Lords. 17. What about the Human Rights Act of course, if my religion isn't Church of England? The human rights angle was used in the Wallbanks case. view website rejected the argument that this liability was "an unfair and arbitrary tax" as the PPC isn't a public body, and church repairs were an exclusive matter. This seems somewhat spurious. 18. Will the information from the liability have an effect for the value of my house? Yes, whether straight from the source known. No, if is not known. Your Conveyancing Solicitor will probably be able to advise from his or her knowledge of the area 19. If there is any doubt, can I insure the home against future liability? Yes, it is possible to. In the first instance, your Conveyancing solicitor can carry out a screening report. A number of companies perform such searches. The best known could very well be ChancelCheck to ascertain if the property is at a potentially liable parish. 20. Is this expensive? No your initial search costs £15 plus VAT 21. What happens if the exact property I am buying might be potentially liable? Your Conveyancing Solicitor may then have the home insured for your full amount with the purchase price. Most general legal indemnity insurers can provide cover based around the value with the property. One such policy is ConveySure from a similar company which supplies ChancelCheck. The nice thing about it is the Chancel Repair Liability carries a definitive shelf life. The bad news is always that until then a liability could bite you firmly around the backside. The further good news is always that you are able to safely insure what your location is unsure. The best advice would be to speak with your Conveyancing Solicitor.Like it? Share it! More by this author |