how to find out Chancel repair liability

cybervic

Our search by CLS Chancel Check came back saying the flat we are buying “has a potential chancel repair liability based upon historical parish boundary data and the relevant Inland Revenue Indices held by The National Archives.” I went to The National Archives website, followed their instruction and found the parochial church in my area, the church was built in 1890. Prior to this, another church built in 13th century was served in my area until 18th century.

Does anyone know if Chancel repair liability is only for churches built before 1536? Which church will we have the liability if the parochial church currently served in our area is different from the one in 15th century?

Thx.

bouicca21

Read that leaflet again. You need to go further than the index and look up the document for the ancient parish, which may say no liability (e.g. Ruislip where chancel liability was abolished by an enclosure act) or if there is it's not on the whole of the parish but on certain bits of land in the parish.

It's about the ancient parish because it's a product of the land in question being dedicated to the support of the Church.

Robin9

Even if a Chancel Liability is found to exist there is not a church in the country that would try to pursue this.

Imagine a piece of land that has CL but has been developed for 100 houses. If the Church was to pursue all 100 for say £1000 each and one of them says "no way"

cybervic

bouicca21 wrote: »

Read that leaflet again. You need to go further than the index and look up the document for the ancient parish, which may say no liability (e.g. Ruislip where chancel liability was abolished by an enclosure act) or if there is it's not on the whole of the parish but on certain bits of land in the parish.

It's about the ancient parish because it's a product of the land in question being dedicated to the support of the Church.

Thank you for reply. It doesn't seem the liability is abolished in our parochial area. A local history book mentioned a lay rector refused to pay for chancel repair in 1830s. The parish area was divided in 1890, and my property location has been reassigned to a new church built the same year.

The Records of Ascertainments dated April 1949 says there is a rent charge liability to the Chancel of our local church (the new one).

Does this mean we are are free from potential chancel repair liability because The church mentioned in Records of Ascertainment was not built prior 1536?

bouicca21

It's nothing to do with the date the church was built, it is a question of an obligation attached to the land. If you have identified the location of your house on the map that goes with the record of ascertainment, and it is on the patch of land with a chancel repair liability, then it has a liability which will be extinguished when you buy (new legislation).

Remember the charge isn't on the parish as a whole - it is on a particular plot. If you haven't checked the accompanying map then do so - you will have got the number of the plot from the record of ascertainment, key that into the map. (If the record of ascertainment refers to rectorial land it is more difficult to identify, but cross fingers you will have a plot number.) The maps are at TNA but it is likely there will also be a copy at your local record office.

Some dioceses/parochial church councils have identified such liabilities, some decided as a matter of policy not to. Given the new legislation, if your diocese/parochial church council hasn't done anything to confirm a charge then it is unlikely to do so before you complete. Try asking them about their policy.


E.G. when my ex was buying his house, I did the chancel check for him and there was a charge on a certain patch of land. Checking the map identified it as some 3 or 4 miles away from his purchase, plus the local parochial church council had informed the local record office in writing that they would never pursue such a claim.

Margot123

Why did you do a Chancel Check? It's only about £15 for an indemnity.

bouicca21

In my case because I hate being ripped off, and unlike most on this forum, and those chancel check companies, I know how to do it properly.

pelirocco

Do not do a chancel check , it will invalidate the indeminity . Our solicitor told us it quite possible wouldnt be the local church , it could be a church miles away , from when churches owned great swathes of land

cybervic

Thanks everyone for the useful input. My chancel repair liability insurance costs £100+ due to high solicitor fee to review/activate the policy. I would have just got the insurance if it's only £15 but I can't find any insurer that will sell it to individual so I feel it's not really fair and I had to find out.

I didn't know doing the chancel check myself would invalidate the insurance, I've managed to identify plots with chancel liability on the relevant Tithe Map and luckily we are safe (thanks to Bouicca's clear guidance.)

Bouicca is very right in that Chancel searches are not very useful, our property is actually very far away from the liable plots. I wonder if those searches have been designed to include large population so that churches can't identify the liable property easily.