What is Chancel Land?
What are Chancel Repairs?
What are Chancel Repair liabilities?
Chancel land accounts for approximately 40% of all land in England and Wales.
Chancel land and chancel repair liabilities can trace their roots back to medieval times, when every parish had its own priest or rector. The rector by the nature of his status, had a number of rights, including certain taxes or income from the land of the parish. The cost of repairs to the church was split between the rector and the parishioners, with the parishioners traditionally being responsible for the western end of a church (the area where they sat) and the rector was responsible for repairs to the chancel (The eastern end of a Church).
The rector being able to pay for repairs from the income of his 'Glebe' land and tithes.
Since these times, although the land may have been broken into many thousands in some cases of small parcels, the liabilty for these repairs has continued to exist and has on occassion be enforce or claimed by the Church.
Whilst the Chancel repair liabilities are normally confined to rural communities, homeowners, purchasers and their conveyances (or solicitors) should be wary of ancient settlements that have grow considerably in size, Fulham and Warwick being examples.
Chancel Repair Liability
Future Chancel repair liabilities?
Thankfully, the Government have intervened and a Transitional Provisions Order was made which came into effect on the 13th October 2003. This order effectively means that ALL chancel repair obligations will cease on the 13th October 2013 unless a the chancel of any Church has noted their interest in any particular property or land with the land registry before this date.
Unfortunately this legislation means that the likely hood of a claim and liability being noted with the inland revenue as Churches will look to either protect their interests or 'cash' in now on any liabilities.
