Chancel Repair Liability: How to Research It (Revised ed)
The owner of any property, however small, in England or Wales, can be liable in certain circumstances to pay for repairs to the chancel of a medieval parish church in his locality. Until a recent case decided in the House of Lords led to a farmer and his wife being called on to pay a £95,000 bill, many property owners, conveyancers and parochial church councils had ignored this apparently remote corner of the law. Now, especially as a result of the Land Registration Act 2002, chancel repair liability has become a live issue.
The need for searches to establish whether any particular land may be affected is increasingly recognised. This book — the first of its kind — provides practical information on how to make these searches. It does not set out to be a legal textbook, but to enable lawyers, laymen and churchmen to understand the background and sources of information available so that they can discover so far as is possible when, and to what extent, liability may exist.
A Foreword by Dr R. Sturt, Diocesan Registrar of Canterbury, endorses its value not only for people who plan to do their own research, but as a mine of information for professionals, parochial church councils and amateur historians
- Foreword
- Acknowledgements
- Introduction How it Came About
- Table of Cases
- Table of Statutes
- Which landowners are liable for chancel repairs today?
- Locating and identifying the land
- Other preliminary searches:
- 1.Catalogue search
- 2.Printinted sources
- 3.Valuation Office documents;
- Who is the rector
- Vicars, Perpetual Curates, and chancel repair liability
- Liability based upon tithe rentcharge
- Records of Ascertainments
- Tithe Apportionments
- Other sources of liability:
- 1.Rectorial glebe
- 2.Enclosure awards allotments of land
- 3.Enclosure awards corn rents
- 4.Mergers before commutation
- 5.Special Apportionments;
- Redemptions
- Some difficult cases
- Quantifying liability
- Insuring against chancel repair liability
- Compounding for chancel repair liability
- Enforcement
- The position in Wales
- Research plan
- Reporting
- Finding a researcher
- Appendix 1 Relevant documents at the National
- Archives and County Record Offices
- Appendix 2 The Land Registration Act 2002
- Appendix 3 Bibliography
- Appendix 4 Leading cases
- Appendix 5 Specimen documents;
- 1. Index to Records of Ascertainnients (Devon)
- 2.Page from the Record of Ascertainments for
- Chieveley, Berkshire
- 3.Collective Record of Ascertainments for a
- number of parishes in Dorset.
- 4.Opening page of Tithe Apportionment for tithe
- district of Winterbourne
- 5.Page of Altered Apportionment for tithe district
- of Winterbourne
- 6.Section of tithe map for Bridge Hewick (Ripon
- parish), Yorkshire
- 7.Section of enclosure award for hamlet of East
- Hanney Berks., allotting land depicted in illustration 8 to Sir William Jerningham
- 8.Section of enclosure map for hamlet of East
- Hanney, Berks., 1809, showing land allotted to Sir William Jerningham
- Index
Publisher: | Wildy Simmonds & Hill Publishing |
ISBN: | 9781898029847 |
Author(s) | Derriman, J |
Edition | |
Format | Hb |
Publication Date | 30/08/2006 |