Chancel Repair Searches and Chancel Checks
Chancel Repair Search £100 + Vat = £120.00 inc
Our searcher will personally visit the Public Records Office to inspect maps which will tell you in detail if your property is liable for Chancel Repair and of the apportionment which can then be calculated according to the rent charge payable for the whole parish. A plan is essential for this service.
Chancel Liability Check Search £20 + VAT = £24.00 inc (Commercial from £30 + VAT = £36)
Reveals the parish and whether liability exists within it. Not as comprehensive as a full search.
Chancel Insurance - £20 inclusive (Commercial POA)Chancel insurance can be taken out before or after a Chancel Check has been carried out. It cannot be taken out after a Full Chancel Repair search has been carried out. To view the cover please view the policy documents to the side.
|
Understanding Chancel Liability
Chancellors' liability, often referred to as "chancel liability" in the UK, is a unique legal concept rooted in medieval English law. It pertains to the financial responsibility for the repair and maintenance of Anglican parish churches, specifically the chancel (the area around the altar). This liability can fall on individuals or entities that own land historically tied to the parish, even if they are not members of the Church of England.
Chancel liability dates back to the Reformation in the 16th century when land was granted to private owners but with the condition that they contribute to the upkeep of the local church. This obligation was often attached to specific parcels of land, known as "rectorial land," and has persisted through centuries, despite significant changes in land ownership and societal structure.
In modern times, chancel liability has become a contentious issue, particularly for unsuspecting landowners. The liability can amount to substantial sums, sometimes tens of thousands of pounds, for repairs to ancient church structures. The Land Registration Act 2002 attempted to address this by requiring churches to register their rights to chancel repair by October 2013. However, if the liability was not registered, it may still be enforceable against landowners if historical records support the claim.
Several high-profile cases have brought chancel liability into the spotlight. For example, in the 2009 case of *Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank*, the UK House of Lords ruled that landowners could be held liable for chancel repairs, even if they were unaware of the obligation when purchasing the property. This ruling underscored the importance of thorough property searches and title investigations to uncover potential liabilities.
For prospective landowners, conducting a chancel repair search is essential. This search examines historical records to determine if a property is subject to chancel liability. If a risk is identified, indemnity insurance can be purchased to protect against potential claims.
Chancel liability is a fascinating yet potentially burdensome relic of English legal history. While it may seem archaic, it remains a relevant consideration for property owners in certain areas. Understanding and addressing this liability is crucial to avoid unexpected financial obligations and ensure peace of mind when purchasing land.
Chancel liability dates back to the Reformation in the 16th century when land was granted to private owners but with the condition that they contribute to the upkeep of the local church. This obligation was often attached to specific parcels of land, known as "rectorial land," and has persisted through centuries, despite significant changes in land ownership and societal structure.
In modern times, chancel liability has become a contentious issue, particularly for unsuspecting landowners. The liability can amount to substantial sums, sometimes tens of thousands of pounds, for repairs to ancient church structures. The Land Registration Act 2002 attempted to address this by requiring churches to register their rights to chancel repair by October 2013. However, if the liability was not registered, it may still be enforceable against landowners if historical records support the claim.
Several high-profile cases have brought chancel liability into the spotlight. For example, in the 2009 case of *Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank*, the UK House of Lords ruled that landowners could be held liable for chancel repairs, even if they were unaware of the obligation when purchasing the property. This ruling underscored the importance of thorough property searches and title investigations to uncover potential liabilities.
For prospective landowners, conducting a chancel repair search is essential. This search examines historical records to determine if a property is subject to chancel liability. If a risk is identified, indemnity insurance can be purchased to protect against potential claims.
Chancel liability is a fascinating yet potentially burdensome relic of English legal history. While it may seem archaic, it remains a relevant consideration for property owners in certain areas. Understanding and addressing this liability is crucial to avoid unexpected financial obligations and ensure peace of mind when purchasing land.