Unexpected Repair Bill

Chancel Repairs Act

All homeowners will have to pay an unexpected repair bill from time to time, it’s part and parcel of owning and maintaining a property. But what about a bill of £96,000 for the repair of the chancel of your local church. This is what happened to Andrew and Gail Wallbank back in 1994 and it’s only now that the case has come to an end.

It all revolves around repairs to the chancel of the Church of St. John the Baptist in Aston Cantlow. This is a quite beautiful and historic building whose main claim to fame is that the parents of William Shakespeare were married there in 1557. Nearby is Glebe Farm, which was left to the Wallbanks by Gail’s father who had purchased the property in 1970. At the time he had been made aware of an ancient encumbrance in the deeds but thought it was just an old custom and not enforceable. However, the farm is in fact a rectorial property which makes its owners lay-rectors and therefore responsible for repairs under the Chancel Repairs Act of 1932.

The Wallbanks used a series of legal challenges, including the Human Rights Act, to fight the case but in June 2003 the House of Lords ruled that they were responsible for the repairs. The High Court recently ruled that they must pay £186.969 + VAT, more than double the original cost.

Chancel repair dates back to 1189 and is associated with the right to collect tithes. The liability can remain attached to a property even after it is sold; in the Wallbanks case it related to one of the fields on the farm called Clanacre.

The standard searches that are carried out when purchasing a property will not usually show up a liability under the Chancel Repairs Act and in many cases the liability has ceased anyway. But if you are purchasing a property that may have a connection with the Church, is subject to tithes or contains the word "Glebe" it may be wise to have a chancel search carried out at the National Archive – this will cost around £85 plus fees. Insurance against any liability can be purchased for about £60 from specialist providers if it is found that the property may be at risk from a claim.

The good news is that if you purchase a property after 12th October 2013 the right to enforce a liability for chancel repair associated with that property will no longer be valid unless it has already been put on record with HMLR (Her Majesty’s Land Registery).