Chancel repair liability is a law that requires some landowners to pay for repairs to their local church.
It applies to landowners in England and Wales whose land was formerly owned by or had liability to the church.
Chancel repair liability is sometimes stated on the title deeds to your house, but not always.
Your solicitor can run a ChancelCheck Search to see if you’re liable, however, the ChancelCheck Search will only tell you if there’s a possibility of liability.
If that is the case, you’ll be advised to take out an indemnity insurance policy to protect you from the potential cost.
However, due to the risk involved being actually quite small, indemnity policies for chancel repair are inexpensive and less than the cost of the search itself – so at Exclusive Law we take out the insurance with the search pack so you will always be protected.
Chancel repair insurance
Chancel repair insurance will protect you from the cost you’d have to pay to the Church, including legal expenses. It covers any repairs you’ll have to pay for, so you’re not caught out by a large and unexpected bill.
The insurance is a single payment for a policy that you make just before completing on your property purchase, so you won’t need to pay again every year.
The insurance policy covers you for chancel repair claims made within 25 years of purchase. After 25 years you’ll need to renew your policy.
How did this liability arise?
Centuries ago, repairs to the chancel were the responsibility of the rector, to be paid for from his tithes; a local tax attaching to land and payable annually to him. Monasteries often acquired this land and with it the responsibility for chancel repairs. Following the dissolution of the monasteries by Henry VIII, most of their land was sold, but any liability for chancel repair remained attached to it. Even today, homes built on this land can be liable.
Liability is ‘joint and several’. This means that any one of the affected landowners is responsible for the full amount of the repairs, which might run to tens or even hundreds of thousands of pounds.
Before 2003, chancel repair liability was all but forgotten, the commonly accepted view being that it was unlikely that churches could force property owners to pay these costs. But in a bitterly-fought case which reached the House of Lords that year, a couple in the village of Aston Cantlow in Warwickshire were held responsible for chancel repair costs of almost £100,000. With their additional liability for legal costs approaching £300,000, they were forced to sell their home.
With rising overheads, reduced income, and the fabric of many places of worship disintegrating, those churches with the benefit of chancel repair liability may be more tempted than ever to take advantage of it.
There are a few options and you need to consider what is better for you. There is no set rule on what you should choose.
If you would like a free consultation or to discuss how Exclusive Legal can assist you in your conveyancing needs, please contact us via the website or call us directly.
