Chancel Repair Liability

March 2019

Information Chancel repair liability

Introduction How do you know if a chancel repair liability affects your land? A landowner’s liability to contribute to the upkeep of the part of a local church known Identifying whether chancel repair liability is as the chancel (chancel repair liability) an issue will depend on whether the title to needs to be considered when acquiring the property you are acquiring is registered property. Whilst the impact of chancel repair at the Land Registry or whether it is still an liability on properties where the title is unregistered property. registered at the Land Registry has been reduced, it can still cause problems. This Registered land post 12 October information sheet explains what the issues 2013 are and where there are continuing risks. For registered land only, once a transfer for What is a chancel repair liability? valuable consideration has been registered at the Land Registry post 12th October The owners of certain pieces of land can be 2013, the Church will be defeated in a claim responsible for paying, or contributing for payment towards chancel repairs unless towards, the cost of chancel repairs to it has previously made a successful Church of England churches. application to note that liability on the Land Registry title to the property. Until such a The liability relates to some, but not all pre transfer is registered, liability will continue reformation churches (those in existence even if no notice has been registered. before 1534). Unfortunately, it is not as straightforward as there being no liability if A transfer for valuable consideration is one the local church is post reformation. where an appropriate payment has been Additionally, because of the way chancel made and is usually as a result of a sale on repair liability developed, land affected can the open market. If an owner leaves his be geographically distant from the church it property to a beneficiary in a will, or makes relates to. a lifetime gift, the liability will still continue as the Church can register a notice of liability There is probably no limit on the amount against the property at any time before a that the church can claim to repair the transfer for valuable consideration. In that Head Office chancel and the sum could theoretically be Heathervale House event the landowner will be notified and the 2-4 Vale Avenue higher than the value of the property. liability will bind subsequent owners. Tunbridge Wells Kent TN1 1DJ Where it exists, the liability to the church is T 01892 510000 Consequently, unless a transfer for valuable F 01892 540170 permanent, whether or not the owner of the consideration has been registered before land affected knows about it. Making a your acquisition, we would still recommend Thames Gateway payment does not cancel out the liability. Corinthian House carrying out a search. This is because Galleon Boulevard there is a risk, although very slight, that if Crossways Business Park The responsibility for repair of a particular registration of your purchase is delayed for Dartford church may be divided between a number Kent DA2 6QE some reason, the Church could note its right T 01322 623700 of land owners. If this is the case then they to chancel repair liability on your title in that F 01322 623701 are jointly and severally liable. intervening period.

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Chancel repair liability

Continued

Unregistered land result of it being established that it has a liability for chancel repair. Chancel repair liability can exist even if the owner of the land affected is unaware of Some policies do not cover subsequent that liability. Unfortunately, the records owners of the property. However, detailing which land is affected are circumstances could change which would piecemeal. The main source of information mean insurance would be more difficult to is the national archive, but the records are obtain on a later sale. Therefore, it may be not complete. To complicate matters further, a false economy not to obtain a policy which parish boundaries have changed over the covers future owners of the property. years. There are, however, searches we can carry out. Finally, if a lender is involved, they would need to be satisfied with the terms of the Searches and insurance policy.

There is a basic search we can make to Conclusion clarify whether or not your property lies in a parish where there is a potential liability for A claim being made for a chancel repair is chancel repair. Unfortunately, due to the relatively rare. However, if a claim is made, broad nature of this search, it often comes it could be for a substantial sum. back with a positive response which means Consequently, save when we are dealing insurance cover has to be put in place. with registered land where we are certain the Church no longer has a right to note a It is possible to do a more detailed search claim for chancel repair liability, we would which considers all the parish records. recommend carrying out a basic chancel However, this is time consuming and repair search, and then if necessary seek to expensive and if a positive search result is obtain indemnity insurance. obtained insurance cover is unlikely to be available to cover the risk. Further information

Indemnity insurance cover This information sheet has been prepared to highlight some key issues relating to If a basic search has a positive result, the chancel repair liability. It is intended to be usual course of action is to seek insurance for general guidance only and is not a cover. If you are buying a property where substitute for specific advice. It is based chancel repair liability is revealed, it would upon our understanding of the legal position be usual to obtain the cost of the insurance as at March 2019 and may be affected by from the seller. subsequent changes in the law. For more information please contact Sarah Easton on However, insurance does have some 01892 510000 or email at: limitations. Cover is normally provided against the sum claimed for chancel repair. [email protected] This means the policy would not cover any