Chancel Repair Liability

The archaic land law which still exists today

Please note: This is not legal advice.

Chancel Repair is defined by the Land Registry as,

"“the requirement for an owner of land to pay for the repair of the chancel (the part of the church containing the altar and the choir) of an Anglican parish church. Where previously the local rector owned land in the parish, he was responsible for repairing the chancel out of money the land produced. Monasteries often acquired this land together with the responsibility for paying for the repair of the chancel. When Henry VIII sold the monasteries’ land, the liability to pay for the repair remained with the property sold.”

Now, for many years it was seen as though it couldn't be enforced however this changed when Aston Cantlow v Wallbank and another [2003] UKHL 37 the House of Lords decided that this was not the case and ruled in favour of the church.

Before the 13th of October 2013, Chancel Repair Liability was considered to be an over-ridding interest which would continue to affect the property regardless of whether it's noted on the policy or not. This however, changed and it now ceases to be an over-riding interest and further protection is now required in order to enforce a Chancel Repair Liability against someone. There are different legal implications depending on whether the property is registered or unregistered and it would be best to seek legal advice.

In order to avoid a fine, usually a solicitor would take out a Chancel Repair Liability policy which would help mitigate a potential claim. These policies are generally quite cheap to obtain and are used as standard practice in the conveyancing world.