Chancel repair liability
Encyclopedia
Chancel repair liability is a liability on some property
owners in England
and Wales
to fund repairs to the chancel
of their local church. This responsibility of owners of once rectorial land exists in perpetuity.
Since before the Reformation
churches in England and Wales have been ministered by either a vicar
, who received a stipend
(salary), or a rector, who received tithes 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. Many monasteries
acquired rectorships and thus became liable for chancel repairs. When Henry VIII
dissolved the monasteries
and sold their land, the chancel repair liability passed to the new owners and persists today, even after subdivision. These owners are called lay impropriators
or lay rectors.
The recovery of funds from lay rectors is governed by the Chancel Repairs Act 1932
.
The land may not have been adjacent to the church, and the liability may not have been recorded. It can be difficult to determine whether or not such liability applies to a particular piece of land as it may not be identified on the deeds nor at the Land Registry
. Insurance
can, however, be taken out to cover the costs of repairs. The premium is usually a relatively small amount, which is normally paid by the property owner on purchase covering the property for up to 25 years. Although very rarely used or invoked, the liability of landowners was brought to the fore in 2003 when Andrew and Gail Wallbank received a demand for £100,000 to fund repairs of a local church. After a protracted legal battle, the Law Lords found in favour of the parish council, leaving the Wallbanks with a £350,000 bill after legal costs.
Through provisions made under the power of the Land Registration Act 2002
, this situation will change with effect from 13 October 2013. After that date, new owners of land will only be bound by chancel repair liability if the latter is entered in the land register
. This puts the onus on Parochial Church Council
s to identify all affected land and register their interest before that date (no fee is charged).
An online petition to the Prime Minister requesting legislation to remove this liability resulted in the following response from 10 Downing Street on 6 March 2008:
Real estate
In general use, esp. North American, 'real estate' is taken to mean "Property consisting of land and the buildings on it, along with its natural resources such as crops, minerals, or water; immovable property of this nature; an interest vested in this; an item of real property; buildings or...
owners in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
to fund repairs to the chancel
Chancel
In church architecture, the chancel is the space around the altar in the sanctuary at the liturgical east end of a traditional Christian church building...
of their local church. This responsibility of owners of once rectorial land exists in perpetuity.
Since before the Reformation
Protestant Reformation
The Protestant Reformation was a 16th-century split within Western Christianity initiated by Martin Luther, John Calvin and other early Protestants. The efforts of the self-described "reformers", who objected to the doctrines, rituals and ecclesiastical structure of the Roman Catholic Church, led...
churches in England and Wales have been ministered by either a vicar
Vicar
In the broadest sense, a vicar is a representative, deputy or substitute; anyone acting "in the person of" or agent for a superior . In this sense, the title is comparable to lieutenant...
, who received a stipend
Stipend
A stipend is a form of salary, such as for an internship or apprenticeship. It is often distinct from a wage or a salary because it does not necessarily represent payment for work performed, instead it represents a payment that enables somebody to be exempt partly or wholly from waged or salaried...
(salary), or a rector, who received tithes 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. Many monasteries
Monastery
Monastery denotes the building, or complex of buildings, that houses a room reserved for prayer as well as the domestic quarters and workplace of monastics, whether monks or nuns, and whether living in community or alone .Monasteries may vary greatly in size – a small dwelling accommodating only...
acquired rectorships and thus became liable for chancel repairs. When Henry VIII
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
dissolved the monasteries
Dissolution of the Monasteries
The Dissolution of the Monasteries, sometimes referred to as the Suppression of the Monasteries, was the set of administrative and legal processes between 1536 and 1541 by which Henry VIII disbanded monasteries, priories, convents and friaries in England, Wales and Ireland; appropriated their...
and sold their land, the chancel repair liability passed to the new owners and persists today, even after subdivision. These owners are called lay impropriators
Impropriation
Impropriation, a term from English Ecclesiastical Law, refers to taking the profits from the sale of church property and placing them in the care of a layman or lay corporation for care and distribution...
or lay rectors.
The recovery of funds from lay rectors is governed by the Chancel Repairs Act 1932
Chancel Repairs Act 1932
The Chancel Repairs Act 1932 is an Act of Parliament of the Parliament of the United Kingdom that reasserts and imposes a chancel repair liability on the owners of certain real property....
.
The land may not have been adjacent to the church, and the liability may not have been recorded. It can be difficult to determine whether or not such liability applies to a particular piece of land as it may not be identified on the deeds nor at the Land Registry
HM Land Registry
Land Registry is a non-ministerial government department and executive agency of the Government of the United Kingdom. It was created in 1862 to register the ownership of land and property in England and Wales...
. Insurance
Insurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...
can, however, be taken out to cover the costs of repairs. The premium is usually a relatively small amount, which is normally paid by the property owner on purchase covering the property for up to 25 years. Although very rarely used or invoked, the liability of landowners was brought to the fore in 2003 when Andrew and Gail Wallbank received a demand for £100,000 to fund repairs of a local church. After a protracted legal battle, the Law Lords found in favour of the parish council, leaving the Wallbanks with a £350,000 bill after legal costs.
Through provisions made under the power of the Land Registration Act 2002
Land Registration Act 2002
The Land Registration Act 2002 is an Act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though similar, system...
, this situation will change with effect from 13 October 2013. After that date, new owners of land will only be bound by chancel repair liability if the latter is entered in the land register
Land registration
Land registration generally describes systems by which matters concerning ownership, possession or other rights in land can be recorded to provide evidence of title, facilitate transactions and to prevent unlawful disposal...
. This puts the onus on Parochial Church Council
Parochial Church Council
The parochial church council , is the executive body of a Church of England parish.-Powers and duties:Two Acts of Parliament define the powers and duties of PCCs...
s to identify all affected land and register their interest before that date (no fee is charged).
An online petition to the Prime Minister requesting legislation to remove this liability resulted in the following response from 10 Downing Street on 6 March 2008:
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 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.
External links
- National Archives leaflet
- Chancel Repair Liability Website and Forum
- http://www.independent.co.uk/life-style/house-and-home/property/why-archaic-laws-could-land-you-with-repair-bills-for-the-local-church-424390.html
- http://property.timesonline.co.uk/tol/life_and_style/property/article3045760.ece
- http://property.timesonline.co.uk/tol/life_and_style/property/article1352773.ece
- http://www.express.co.uk/posts/view/130669/Old-law-forces-couple-to-sell-up-to-pay-for-church-repairs
- http://www.opsi.gov.uk/si/si2003/20032431.htm Statutory Instrument setting out transitional arrangements 2003-2013