Chancel Repair Liability - a Cautionary Tale.

Rectorial land is land carrying an obligation to repair the chancel of a church. The chancel is the part of a church that contains the altar and is reserved for use by the clergy and choir. It is usually situated at the eastern end of the church and is usually separated by the communion rail.

Rectorial land is thought to exist in approximately 5,300 parishes throughout England and Wales.

Put simply, in medieval times the parishioners were responsible for the repair of the nave of the church (where the congregation sits) and the rector was responsible for repairs to the chancel. The rector was entitled to 10% of the farm produce of the parish (the tithe) as well as the income from any other land in the parish owned by the church. This bundle of rights was called,' the rectory' and carried with it the responsibility to repair the chancel. After the dissolution of the monasteries these rectories were sold off to lay people who were then known as 'Lay Rectors.'

As time passed, further rectorial land was created as tithes were converted into land and these rectories were eventually divided up and built on to create the urban and rural landscape of today. Parliament eventually abolished tithes, but it did nothing to abolish Chancel Repair Liability, mainly because it was never imposed unless the 'Lay Rector' was a public body such as an Oxford College.

Unfortunately, back in 1970, a gentleman bought land to farm that had a clause in the deeds noting an ancient lay rector liability. This had been queried in 1968 by the previous owner who had been assured by the legal advisors to the Diocese that it carried no weight in law. Upon death, the farm passed to the gentleman's daughter and son in law, who in 1990 were astounded to receive a demand for money to repair the chancel, this being the part of the church which, before the Reformation, had been the clergy's responsibility to keep in good repair. Despite strenuous attempts by the couple at resolving the issue by offering to donate money and land, all offers were rejected by the church.

From the church's point of view, an 'open cheque book' to be passed from generation to generation is a valuable asset, but from the couple's point of view, they had no alternative other than to fight the demands as even if they paid the initial amount demanded there was nothing to stop the church coming back, year after year, for more.

The legal costs incurred in taking the matter to the High Court were horrendous and resulted in the ruling that the couple were responsible for the chancel repair costs. The Appeal Court later over-ruled this decision stating that the law was unjust and contravened the couple's Human Rights. The Appeal Court declared that the couple should be released from the obligation.

The Parochial Church Council (PCC) then appealed to the House of Lords, taking the case to legal heights that necessitated the couple remortgaging their home to pay off the lawyers. The House of Lords, whilst not condoning the ancient law and the implementation of it ruled that Parochial Church Councils are not Public Bodies and are therefore exempt from adhering to the Human Rights Act and Convention.

To decide the final repair bill amount, the case went back to the High Court where the unfortunate couple had to represent themselves as they had no money left to pay the legal fees. The judgement found them liable for a bill of repairs totalling £186,986, plus VAT and costs, bringing the total to approximately £250,000 in addition to the £200,000 they had spent over seventeen years in fighting the case.

In order to pay the bill the couple will have to sell the Warwickshire farm but while it has the chancel liability attached to it, it is unsaleable and effectively worthless. The PCC have compounded this by registering a caution at the Land Registry stating that the land cannot be sold, mortgaged or given away without the consent of the PCC.

To add insult to injury, if the couple suddenly found the quarter of a million pounds to pay the church, there is nothing to stop the Parochial Church Council continuing to demand more and more money, year after year ad infinitum.

And if that isn't bad enough, there is more...
The implications of this ruling are far reaching as it means that the Church of England can now hunt down thousands of property owners across five thousand English and Welsh parishes whose houses, gardens, schools, businesses etc have been built on the three and a half million acres of old church land, forcing them to pay unrestricted costs for building repairs to the local church.

It is important to note that the liability does NOT have to be mentioned in the property deeds for it to be valid. The owner can still be found by the PCC and the law enforced. Solicitors that DO manage to find out about the obligation during conveyancing are obliged to notify the Land Registry, thus blighting the property and rendering it impossible to sell, mortgage or remortgage.

If you own the land, whether it's a square foot or a hundred acres you are liable to foot the 'blank cheque book' bill as soon as you are tracked down by your local church via the PCC. There may be several households each owning a portion of the rectorial land but the church only has to find one person to pay the entire costs. There is no obligation on the church to divide the bill between owners. It is up to the unfortunate lay rector presented with the bill to seek out and extract money from his/her neighbours.

And as there are two sides to every coin...
A Bishop has made the following points:
The Church of England, in its parish churches, is responsible for maintaining 45% of the Grade 1 listed buildings in the country and the majority of all parish churches are Grade 2 or higher.
The parish churches are an essential part of the heritage and landscape of England as well as being centres of worship.
The Church has no central funds available to maintain the parish churches. There is no state funding for parish churches unlike continental countries where there is a church tax and whole communities maintain the churches. Parish churches rely on donations from the congregations and members of the community.
Applications for grants can be made to English Heritage but lay rectors have to be approached in respect of any repairs before English Heritage will even consider a grant. Furthermore, the statutory responsibility for maintaining parish churches falls on the PCCs who are under a duty to seek what funds are legally available to them.

And what can be done about it?
Bishops, whilst having no jurisdiction in law do have the power to recommend, as heads of their dioceses, that all their PCCs are encouraged to investigate the release of their lay rectors from the liability forthwith. Some have already done this.

If the liability was repealed it would also solve the problem regarding grant applications as with the abolition of lay rector liabilities. PCCs would then be able to seek funding for maintenance and restoration 'of an essential part of the heritage and landscape of England' through English Heritage.

If you are concerned about the implications of the Chancel Repair Liability for your family or for the rest of England and Wales, please write to the local bishop. A list of dioceses can be found on the web at: http://anglicansonline.org/uk-europe/england/dioceses/index.html

There is also an informative website at: http://www.chancel.org.uk/

This site features chancel searches, repairs and indemnity insurance as well as a discussion forum. Of course, if all else fails, you could write to the Archbishop of Canterbury at Lambeth Palace, London SE1 7JU!

My thanks to my Hall Green ward colleague, Councillor Jackie Hawthorn, for research on this piece.