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Responsibility for Chancel Repairs?

04/04/2007

Aston churchIn a recent High Court decision over Chancel Repairs, which was the climax of a seven year legal battle, a couple who own a Warwickshire Farm have been ordered to pay more than £200,000 for the upkeep of their Parish church. Fisher German point out that this issue is more common than most people think.

A High Court Judge ruled that Andrew and Gail Wallbank must pay £186,969 plus VAT towards local church repairs under the 1932 Chancel Repairs Act.  The Wallbank’s own Glebe Farm, Aston Cantlow, near Stratford upon Avon, which includes a field called Clanacre. They were considered “lay rectors” following inheriting the land on the death of a relative.

Chancel repair liabilities are more common then most people realise and the Wallbank case creates an important precedent for future cases.

David Powell of Fisher German recommends anyone purchasing land which may be attached to an old Parish should instruct a Solicitor to check whether there are any chancel repair liabilities on the land.

If you inherit the land it is possible to disclaim the property within two years and if a church has not registered a chancel repair liability or interest by October 2013, than a landowner will not be liable.

For more information contact David Powell on email  david.powell@fishergerman.co.uk or Tel: 01295 271555.

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