361:
only bind buyers of registered land if it is referred to on the land register. By that time, virtually all freehold land in
England and Wales will be registered. The Government believes that this approach strikes a fair balance between the landowners subject to the liability and its owners who are, in England, generally Parochial Church Councils and, in Wales, the Representative Body of the Church in Wales. The Government acknowledges that the existence of a liability for chancel repair will, like any other legal obligation, affect the value of the property in question, but in many cases this effect can be mitigated by relatively inexpensive insurance. It is for the parties involved in a transaction to decide whether or not to take out insurance.
250:
503:; see footnote 18 on page 9. The reason is that it is unclear that a parochial church council's right to claim all or part of the cost of repairs to the chancel from a lay rector is actually an interest in the lay rector's land, and no change has been made to the Chancel Repairs Act 1932 to give a lay rector a defence to a claim under the Act based on non-registration. Only interests in land require registration at the Land Registry.
220:
a rector persists and his/her predecessors in that role never sold any land, as permitted after 1836, while granting the new owners the right to levy a rentcharge, automatically co-opting all successors to that land to potential liability for the chancel, or conducted a similar sale with a "merger of tithes", or saw part of an
219:
In a majority of parishes there is a vicar, and crucially the historic university college or other rectory-owning major landowner only sold their land free from tithe under the Tithe Acts so they, or more commonly, the local church, bear the liability for the local chancel. In a minority of parishes
319:
Subsequent to the 2003 case, it became best practice for new purchasers to be advised to request a check as to whether the local parish (one of the 15,000 ecclesiastical parishes into which all of
England and Wales is split) included an older rector's church, not evolved from a chapel but now with a
264:
In the vast majority of ecclesiastical parishes (into which all of
England and Wales is split) chancel repair liability is not applicable. However, it was brought into use for the first time in a few years in 2003 in a particularly lightly populated glebe. Andrew and Gail Wallbank received a demand
360:
Chancel Repair
Liability has existed for several centuries and the Government has no plans to abolish it or to introduce a scheme for its redemption. The Government has, however, acted to make the existence of the liability much simpler to discover. From October 2013, chancel repair liability will
372:
for Mid
Worcestershire led an adjournment debate in the House of Commons on 17 October 2012 to seek a change in the law, above and beyond the required registration entries and notifications on all affected properties by 13 October 2013. The minister responsible was not convinced that a change was
336:
to identify all affected land and register their interest before 13 October 2013. This means that chancel repair liability is no longer an "overriding interest" protected under the Land
Registration Act 2002. The assumption has been made that, since that date, new owners of land are only bound by
476:
By 1743 Lord Brooke held 12-yard-lands and the corn tithes of the greater part of the parish. In the
Inclosure Award that year he was compensated as lay rector with a holding of 347 acres which included the present Glebe Farm, on which is still charged the maintenance of the chancel of the
352:
Some parochial church councils have therefore followed the process in order to secure a valuable asset. Others may have concluded that registering the right to claim chancel repair was likely to damage the church's mission or reputation in the local community, and have taken no action.
320:
vicar, and if so to take out chancel liability insurance. Unless such a check was made, homeowners who had lived in their property since before 2003 were unlikely to be aware of their liability or to have insurance, as chancel repair liability would not have been registered on their
195:
of apportionment of chancel liability, from the church website itself. If a parish's liability only falls under headings a) or b) then those persons (a corporate/charitable body or private individual) are liable only; however, some geographically diverse parishes had extraneous
324:
and may not have been researched by their conveyancers on purchase. If it was not noticed by solicitors and the church enforced the liability across the affected land, action against the solicitors may be time-barred after six years.
127:
and sold their rectory (with land), or the relevant university college sold this, the chancel repair liability passed with that land and persists today, even after subdivision. The owners of such land are thus equally called
183:, so it is sometimes possible to discover definitively from any free source whether a given piece of land is still glebe in a present parish that must have had a rector but no longer does; maps and records held by the
449:, in most areas state whether there was, an acquisition of the rectory, however who owned merged land (if any) at final apportionment in the 20th century, or rentcharge-accruing land is not accessible in such sources.
104:
from the parish. The rectors (of around 5,200 churches) were responsible for the repairs of the chancel of their church, while the parish members were responsible for the rest of the
917:
171:
the landowner used to receive no longer apply. Lay rectors would usually be wealthy landowners owning a substantial amount of property in the parish. Tithes have been terminated or
72:
It is common practice for purchasers of land to check whether the local parish includes a church where such a liability may apply, and if so to take out chancel liability insurance.
767:
244:
235:, only a minority have exercised their rights to apportion the cost of chancel repairs among the affected landowners, despite the common nature of checks and insurance.
677:
396:. This Bill made no further progress in the session of Parliament, and, consequently, it has been "lost" – the bill is no longer before Parliament.
709:
163:(the vast majority of glebe formerly held by a vicar or clerical rector has no liability) or abbey lands, and therefore being exempt from paying the
541:
369:
200:
and in a few cases in the 19th century a merger of the rectory/rectorial land and tithes into one piece of land as a whole took place, such as in
947:
389:, which would have had the effect of ending all liability of lay rectors for the repair of the chancels of churches and chapels in England.
882:
602:
581:
356:
An online petition to the Prime
Minister requesting legislation to remove this liability resulted in the following response in 2008:
855:
471:
346:
280:
The case is constitutionally significant for finding that a parochial parish council is not a "core public authority" under the
382:
208:
54:
764:
124:
500:
927:
684:
651:
420:– where the chancel was at one point allowed to fall down after an apparent dispute over who should maintain it.
413:
841:
329:
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found in favour of the parochial church council, leaving the
Wallbanks with a £350,000 bill including legal costs.
176:
66:
393:
952:
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611:
523:
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62:
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911:
760:
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249:
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81:
257:. Its historic rectorship was acquired by a monastery, abbey or college of Oxford or Cambridge leaving a
957:
281:
232:
121:
545:
406:
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can be consulted. Also, in some cases it is possible to see which plots of land fall under headings
117:
113:
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304:
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In concept, to be a lay rector is now entirely a burden for having taken rights over land such as
607:
597:
703:
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105:
487:
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Following the
Reformation in 1542 this pension passed to the Dean and Chapter of Worcester.
787:
321:
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colleges could buy or receive rectorships, and thus become liable for chancel repairs. When
771:
462:
The Bishop of Worcester received a pension from the land of 13s 4d for having granted it.
288:
58:
438:
828:
859:
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The Priors of Maxstoke enjoyed in addition an income of 30s. from lands and tenements
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The historic rectory of St John the Baptist church, Aston Cantlow was acquired by the
941:
752:
342:
266:
254:
201:
157:
131:
31:
723:
270:
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National Archives#19446 5. What Does a Record of Ascertainment show? Archive IR104
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that other parts of that parish paid, as the agricultural produce or (after 1836)
417:
311:, so was responsible for the chancel. Later buyers of this land remain liable.
273:. After a protracted legal battle, as they sought to challenge this ruling, the
365:
207:
The liability can be compounded (bought out) by a procedure introduced by the
168:
37:
Where people purchase property within land that was once rectorial (part of a
274:
221:
109:
928:
The Land Registration Act 2002 (Transitional Provisions) (No 2) Order 2003
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In 1535 the farm of the rectory was worth £24 and the vicarage £9 9s. 7d.
142:
As far as spiritual rectors are concerned, their liability transferred to
756:
296:
265:
for almost £100,000 to fund repairs of their parish's medieval church at
61:
church which that glebe land supported. This can still be invoked by the
50:
488:
Land Registration Act 2002 (Transitional Provisions) (No. 2) Order 2003
197:
89:
46:
38:
23:
918:
Why archaic laws could land you with repair bills for the local church
84:
times, churches in England and Wales have been ministered by either a
101:
97:
576:. Guildford: College of Law Publishing (CLP). pp. 237 of 600.
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of the priest) and creating lay impropriators (lay rectors) of the
901:
300:
248:
225:
164:
160:
85:
42:
27:
763:, Warwickshire v Wallbank & Another (26 June 2003). Abbrev.
816:
656:
A History of the County of Warwick: Volume 3: Barlichway hundred
22:
is a legal obligation on a small number of property owners in
871:
337:
chancel repair liability where it was already entered on the
45:), they may acquire a responsibility to fund repairs to the
914:, Legal Records Information Leaflet 33 at National Archives
788:"Aston-Botterell - Aston, White Ladies parish descriptions"
470:...Their son Francis Browne sold the manor and rectory to
149:
The recovery of funds from lay rectors is governed by the
897:
30:
to pay for certain repairs to a church, often the local
16:
Legal obligation of property owners in England and Wales
307:. He held the glebe land, in this case helpfully named
856:
PCCs must act now or risk losing the right to claim it
253:
Medieval-built church where this liability applied in
904:
land can be in an outlying part of another parish, a
842:"Chancel repair liability - a change for the better"
898:
A Church Near You - Church of England parish finder
872:
10 Downing Street Petition Response of 6 March 2008
146:by the Ecclesiastical Dilapidations Measure 1923.
606:, Volume 1. Collins & Hannay, New York 1832.
245:Aston Cantlow Parochial Church Council v Wallbank
934:setting out transitional arrangements 2003–2013
912:Chancel repair liabilities in England and Wales
358:
328:Through provisions made under the power of the
460:The rectory land was administered as a manor.
8:
829:section 29 of the Land Registration Act 2002
179:, the remaining ones terminating under the
209:Ecclesiastical Dilapidations Measure 1923
645:
643:
641:
392:Lord Avebury caused to be printed these
516:
430:
765:Aston Cantlow (PCC) v Wallbank UKHL 37
708:: CS1 maint: archived copy as title (
701:
610:at Google books: "A second species of
792:A Topographical Dictionary of England
781:
779:
567:
565:
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439:A Topographical Dictionary of England
349:expressed doubts about this in 2006.
175:for centuries and en masse since the
7:
626:
624:
622:
620:
536:
534:
532:
603:Commentaries on the Laws of England
542:"Chancel Check maintain a database"
794:. Institute of Historical Research
658:. Institute of Historical Research
499:Law Society of England and Wales,
14:
724:"£350,000 blow for church couple"
303:land – e.g. in 1848 this was the
854:James Hall, Diocesan Registrar.
501:2006 Submission to HM Government
458:The County History also states:
385:gave the first reading to a new
486:That was the date on which the
55:Church of England parish church
1:
948:Housing in the United Kingdom
211:(14 & 15 Geo. 5. No. 3).
883:Hansard transcript of debate
862:Parish Church, January 2011.
650:Philip Styles, ed. (1945).
472:Fulke Greville, Lord Brooke
414:St Mary Our Lady, Sidlesham
974:
819:(negligence): general rule
786:Samuel Lewis, ed. (1848).
330:Land Registration Act 2002
242:
177:Tithe Commutation Act 1836
652:"Parishes: Aston Cantlow"
612:incorporeal hereditaments
574:Property Law and Practice
447:Victoria County Histories
377:Chancel Repairs Bill 2014
334:parochial church councils
315:Registration of liability
144:parochial church councils
125:dissolved the monasteries
749:Parochial Church Council
524:Chancel Repairs Act 1932
151:Chancel Repairs Act 1932
20:Chancel repair liability
373:necessary at the time.
339:Title Register database
233:ecclesiastical parishes
215:Liability-free parishes
908:not shown in this map.
490:ceased to have effect.
363:
332:, the onus was put on
261:
295:(as the name for the
293:"discharged vicarage"
282:Human Rights Act 1998
252:
932:Statutory Instrument
407:Valor Ecclesiasticus
387:Chancel Repairs Bill
813:Limitation Act 1980
770:25 May 2012 at the
614:is that of tithes…"
572:Butt, Paul (2008).
305:Earl of Abergavenny
259:discharged vicarage
924:, 15 November 2006
690:on 20 October 2013
598:William Blackstone
548:on 17 October 2011
291:in 1345 leaving a
289:Priors of Maxstoke
262:
634:National Archives
394:Explanatory Notes
381:On 16 July 2014,
185:National Archives
88:, who received a
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953:Public liability
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869:
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845:
844:. 16 April 2012.
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437:Sources such as
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204:, Warwickshire.
181:Finance Act 1977
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92:(salary), or a
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59:Church in Wales
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892:External links
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730:. 26 June 2003
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958:Property law
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796:. Retrieved
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732:. Retrieved
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692:. Retrieved
685:the original
672:
660:. Retrieved
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573:
550:. Retrieved
546:the original
519:
495:
482:
454:
443:Samuel Lewis
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391:
383:Lord Avebury
380:
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341:kept by the
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271:Warwickshire
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228:for common.
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158:impropriated
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79:
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36:
19:
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418:West Sussex
347:Law Society
169:rentcharges
137:lay rectors
110:Monasteries
82:Reformation
942:Categories
798:2 November
662:2 November
511:References
445:, and the
366:Peter Luff
309:Glebe Farm
243:See also:
231:In liable
122:Henry VIII
761:Billesley
275:Law Lords
118:Cambridge
80:From pre-
53:-founded
900:. Note:
815:– table
768:Archived
757:Wilmcote
728:BBC News
704:cite web
526:s.1, s.2
474:in 1622
400:See also
198:tithings
173:commuted
106:building
67:parishes
65:of some
51:medieval
734:12 June
694:20 June
477:church.
345:. The
90:stipend
76:History
49:of the
47:chancel
39:rectory
24:England
930:, the
755:&
751:(PCC)
580:
552:4 June
410:(1535)
297:living
165:tithes
114:Oxford
102:tithes
98:parson
94:rector
902:glebe
759:with
688:(PDF)
681:(PDF)
425:Notes
416:, in
322:title
301:glebe
226:glebe
224:swap
161:glebe
86:vicar
43:glebe
28:Wales
817:Tort
800:2012
736:2011
710:link
696:2013
664:2012
596:Sir
578:ISBN
554:2012
191:and
130:lay
116:and
112:and
26:and
441:by
269:in
135:or
96:or
57:or
41:or
944::
920:,
858:.
790:.
778:^
726:.
706:}}
702:{{
654:.
640:^
619:^
600:,
562:^
531:^
370:MP
368:,
284:.
193:d)
189:c)
153:.
139:.
108:.
69:.
34:.
831:.
802:.
738:.
712:)
698:.
666:.
586:.
556:.
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.