What is Chancel Repair Liability?
Chancel Repair Liability is a law dating back to medieval times when the country was under the reign of Henry VIII. Chancel Repair Liability was the monarch’s decision to dissolve the monasteries when he made himself the supreme head of the Church of England in 1534 and he imposed that churches were to be maintained by wealthy land owners. Before then, many monasteries employed a rector who was responsible for repairing the Churches.
Since then, the large estates of land have been broken down and developed into multiple private residences however, Chancel Repair Liability in many instances has been passed down to the new properties. This law benefits around 5,200 pre-reformation churches in England and Wales and Under the Land Registration Act 1925, Chancel Repair Liability is classified as an overriding interest in registered land, this means Chancel Repair Liability still exists without the land being registered.
What happens if my property has Chancel Repair Liability?
Chancel Repair Liability can mean that property owners could be liable to pay for repairs to the local churches with bills potentially running into tens or even hundreds of thousands of pounds. Some vicars call it a godsend but it has been known that a Chancel Repair has cost one couple over £200,000 towards the upkeep of their parish church. These homeowners are called lay rectors.
What can I do if my property has Chancel Repair Liability?
It is estimated that Chancel land accounts for 40% of all land in England and Wales but there’s no single central register which can be used to identify all Chancel Repair Liabilities. Pali can provide a Chancel Repair Liability Report known as a Chancel Check. A Chancel Check Report is created by searching several records which will help to identify the likelihood of liability in respect of a given property. Liability for Chancel Repair does not necessarily show on the title deeds of a property or piece of land and the only way to remove Chancel Repair Liability is to either prove it is incorrect or persuade the parochial church council to withdraw the property from its records. This may be easier said than done however, there is an alternative option.
Firstly you can purchase a Chancel Check Report from NLIS which will inform you if a property is liable for Chancel Repair. There are two results which can be returned. The first is a certificate which puts the purchaser/vendor in the clear and the second is a report which confirms that there is the real potential to be held liable. If this is the case, insurance can then be purchased from to cover the owner of the property in the event of a claim. Once you have established that your property or piece of land is affected by Chancel Repair Liability, please contact us on 08700 500 820, email search@nlis.com or fill out our online contact form HERE to get a quote for Chancel Repair Liability Insurance.
