Chancel Repairs Search

Situated only 15 mins away from the Public Records Office, results are guaranteed within 24-48 hours.

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.

It is possible to establish whether such an obligation exists by conducting a Chancel Repair Search.

Liability for repair

Due to the recent House of Lords decision in the case of Aston Cantlow PCC v Wallbank [2003] and 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. Solicitors now don't have to become involved with Ecclesiastical Law to fully appreciated the full implications of such a search

The benefit of such a search is that Solicitors will at least have the opportunity to insure their client against an involuntary contribution to the church unless solicitors would like to try their chances arguing breach of the Human Rights Act.

HOWEVER PLEASE NOTE:

1) Not all land in England is covered by the registers.

2) A Land Registry Plan is particularly helpful but it is sometimes impossible to match a plot on a modern map to a description or map of land in the records. This means it is not always possible to work out the exact proportion of liability attaching to a particular modern plot. Some of the old tithe maps no longer exist.

For further details, please visit our website: www.chancelrepairsearches.co.uk

 

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