RESIDENTIALsales
Defying the bill of God
That might be a very attractive property with a pleasant
view of the village church, but a hidden evil may be
lurking. Pray you or your clients don’t get landed with
chancel repair liability, warns Stephen Whittaker
he little-known ancient law surrounding chancel WHAT IS A CHANCEL?
T
repair still plagues homeowners, buyers, sellers, CRL is an ancient interest benefiting around 5200 pre-Reformation
insurers and conveyancers – remaining an issue that churches in England and Wales. The chancel is found in the east
is easily addressed but often overlooked. end of the church and usually contains the choir and altar. It is
Chancel repair liability (CRL) dates back to where the parish priest officiated and the area of the church for
medieval times when churches were maintained by which he was responsible. His parishioners were responsible for
wealthy landlords who owned the estates on which the churches the nave where the laity sat. The priest or rector met the cost of his
were built. Since then, the estates have been broken down into repair obligations from the tithes he received as the owner of
privately owned properties, yet the potential for CRL is still passed rectorial land attached to, but not necessarily close to, the church.
down to existing owners. By the 16th Century the monasteries had acquired most
Come October 2013, this archaic law will have changed and rectorships together with their attendant property and liabilities so
unless the church has registered a specific interest in a property, it when Henry VIII dissolved the monasteries the land to which was
will not be at risk as far as purchasers are concerned. This has led attached to the obligation to repair the chancels reverted to the
to speculation that church councils will spend the next four years Crown. The land was then dispersed together with the liability. If
investigating potential liabilities for properties in their parishes. the property was sold to more than one person then the liability
That a Warwickshire couple were held liable to foot the bill for was divided amongst them. The liability is not unlimited. It
church repairs demonstrates that the issue of chancel repair extends to ensuring the chancel is kept wind and watertight and
attaching to ownership of former rectorial land remains very much that essential features are maintained, but it can prove costly.
alive. In this case, the House of Lords held that a Mr and Mrs There is no central register of CRL properties. Specialist
Wallbank were obliged to pay more than £185,000 as part of the companies can search modern addresses against ancient parish
previously unknown liability to contribute to the costs of repairing boundaries and specific liability can be identified by enquiries at
their local parish church and pay the court costs. the National Archive at Kew.
The cute
cottage could
come with a
bill for a new
roof for the
local church
40 JUNE 2009 PROPERTYdrum
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76