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 If
a property is near a church, or is on land formerly owned by some
of the older universities, there may be an obligation to contribute
towards repairs to the chancel of the local parish church. This
was laid down in the Chancel Repairs Act 1932. Such liability is
enforceable in the County Court, and can apply to properties falling
within a Church of England parish which has a vicar or had a vicarage
and has a church dating from the medieval period or earlier.
CASE GOES TO COURT - Parochial Church Council of Aston
Cantlow v Wallbank [2003)
Due to the House of Lords decision in the case of Parochial
Church Council of Aston Cantlow v Wallbank [2003], the
Church’s initial claim was for £6,000 but the Defendants
after inheriting a property found they had a liability to pay £96,000.00
for chancel repairs as a result of overriding interests as stated
under Section 70(1)(c) of the Land Registration Act 1925. This together
with the effect of the Land Registration Act 2002, it is not surprising
that there has been a dramatic increase in the number of Chancel
Repair Searches being carried out.
On the 7th February 2007, The Royal Courts
of Justice ruled that the Wallbanks’ repair bill be in the
sum of £189,969 plus VAT on top of which legal costs estimated
to be in excess of £400,000.
A ChancelCheck® is a simple search which reveals whether the property
is within the historical boundary of a ECCLESIASTICAL PARISH which
continues to have a potential chancel repair liability. This will
not be specific to your property.
ChancelCheck® is £30.00 inclusive of VAT and Disbursements
Same Day
A Full Search is conducted in person at The National Archives.
This will reveal if a particular property has a specific apportionment
of liability attached to it. You will receive a copy extract from
the tithe map showing the property and details of the apportionment
which can then be calculated according the rent charge payable for
the whole parish. Please note we would require a clear Land Registry
Plan or an old Conveyance Plan before we can conduct the search.
Full Search is £135.00 inclusive of VAT and Disbursements
Order form click here.
Our normal turnaround time is within 2-3 days subject to tithe
maps & documents being available.
You have two options:
1) Instigate a Full Search to reveal whether your property is particularly
affected and has a specific apportionment of liability attached
to it OR
2) Obtain Chancel Repair Liability Insurance
NB: As we are not FSA regulated, we can only provide you details
of insurance companies for you to obtain independent quotes.
Please telephone 020 8434 3575
for DEBIT card payment OR post a cheque in the sum of £30.00
made payable to ‘Speed Search Ltd’
ADDRESS: Suite 212 Boundary House, Boston Road, London, W7 2QE.
Yes, the Company holds full Professional Indemnity, full details
of which can be be supplied on request.
 1.
The National Archives do not show all land and property which may
be subject to Chancel Repair liability or other liabilities and
restrictions.
2. Search may reveal proportionate liability in respect of corporate
bodies (such as the Church Commissioners/University/College) and
individual plots. As there are no plot numbers given in respect
of corporate liability and if the land has since being sold or passed
to individuals since 1936, a proportion of liability may fall on
new owners in which instance you will need to seek advice from the
former landowners.
3. Please also note Search Report together with supporting documentation
does not in any way equate to a legal opinion. We cannot give advice
on questions of liability in individual cases. We aim to supply
you information, copies of the index, tithe maps and altered apportionment
maps indicating plots and properties for you to interpret.
4. On occasions, it can be difficult to identify individual plots.
In such an instance, we may request that you submit a quality map
clearly highlighted with the specific plot you are interested in.
For our Company’s other services, please visit our
mail website www.speedsearchltd.co.uk
Suite 212, Boundary House, Boston Road, Hanwell W7 2QE
Registered in England & Wales - Company No: 03077314
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