What is Chancel Repair Liability ?

Chancel repair liability is an ancient interest benefiting some 5200 (Law Society figures) pre-reformation churches in England and Wales. The liability is to pay or contribute to the repair of the part of the church known as the chancel (the eastern end where the rector officiated). The parishioners were responsible for what lay to the west of the chancel, the part of the church in which they sat. This general rule was varied in some cases by local custom whereby the parishioners were responsible for the whole of the church.

Who is Liable?

Potentially any current owner of property and/or land in England and Wales. The main type of liability runs with the land (of which there are 3) and therefore any such claims are payable by the current owner of that land whether urban or rural and whatever the use. The interest can be registered in the title or an overriding interest (Under the Land Registration Act of 1922) which means it does not have to be registered in the title of a property to be enforceable and those liable would not be aware of any liability until asked for money to repair the chancel.

Leasehold properties are also likely to be affected due to the owners of the lease having an interest in the company/association that owns the freehold or via the contractual terms of the lease which would have effect of transferring the burden of making any payment from the freehold/landlord to the tenant.

It affects approximately 3,780,500 acres of land in England and is enforced on the behalf of the Church of England by the Parochial Church Councils (PCCs) under the Chancel Repair Act 1932. The majority of chancel repair payments are settled outside of court but in the recent case, 2003, of Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank resulted in Mr and Mrs Wallbank paying £95,260 for chancel repair.

Types of Chancel Repair Liability

There are 3 types of liability which run with the land:

1. Current owners of land which had been allotted under an pre 1836 Enclosure Act in lieu of tithe (see Enclosure Acts).

2. Current owners of land where the right to tithe or tithe rent charge has merged under the various tithe acts from 1836 or 1936 (see Tithe Act 1836 and Tithe Act 1936).

3. Current owners of former glebe land – this was land which fell into lay (non clergy) hands ownership on the dissolution of the monasteries or was sold by the rector (see The Reformation).

The other liability is attached persons and bodies who are still entitled to receive pre 1836 tithe rentcharge of resulting from an Enclosure Acts (see Enclosure Acts).



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