What is Chancel Repair Liability?
According to Medieval law, the Rector of a parish was responsible for repairing the church’s chancel (the eastern end of the church). The liability for this passes with the land, regardless of whether the owner is aware of any liability. Even if there are numerous properties responsible, each owner could be liable for the whole cost of repairs. Although cases of this are rare, the costs may be substantial. In the recent case of Aston Cantlow v Wallbank (2007) the owners were made to pay £95,000 in repairs. This case was taken to the House of Lords where it was confirmed that the law, although unfair, would remain. Will my property be affected? • Around 35% of all parishes in England and Wales have this right. • The property does not necessarily need to be close to a medieval church. • Liability can affect properties in both rural and urban areas. • The owner may not be aware of the liability, as it does not have to be registered. The right is currently an overriding interest, this mean
