Chancel Repair Liability

This note is intended as a brief guide to Chancel Repair Liability (‘CRL’). However, the subject of CRL is a complex one and accordingly the information within these notes are for guidance only and should not be taken as legal advice.

What is Chancel Repair Liability?

In some parishes a person or body other than the Parochial Church Council (‘PCC’) has responsibility to keep the chancel of the parish church in good repair. This responsibility is called Chancel repair Liability (‘CRL’) and the person or body with the responsibility is called the ‘Lay Rector’.

CRL is an ancient interest and allows the PCC to require the owner(s) of former rectorial land to meet the costs of repairing the church chancel so where such a responsibility exists, CRL is a significant addition to the assets of the parish.

It is estimated that nationally there are some 5,200 parishes which benefit from CRL and in England alone some 3,780,500 acres of land are involved. However, XCRL will not be relevant to every parish church. As a general rule CRL will not be relevant to churches built after the mid 19th Century.

Who may be liable for CRL

When it is considered CRL, the Law Commission identified five classes who may be liable. These are:

1. The Church Commissioners, Ecclesiastical Corporations such as Deans and Chapters of Cathedrals, Oxford, Cambridge and Durham Universities and their constituent colleges, Winchester College and Eton College. It is estimated that that these together have responsibility for some 1200 chancels.
2. Landowners whose land was once included in an award under the Enclosure Act to a Lay Rector (or tithe owner) in lieu of tithes. It has been estimated that Enclosure Awards cover about half of English parishes and that there are about 2200 Enclosure Acts affecting individual parishes.
3. Landowners in whose land the right to tithe or tithe rent charges has merged, either under the Tithe Act 1936 or earlier legislation by way of a Declaration of Merger. The 1936 Tithe Act instituted the Tithe Redemption Commission, which was required to prepare a record in relation to every chancel repairable by tithe rent charge. This record was known as a ‘Record of Ascertainments’. This record sets out the proportionate liability borne by the owners of the tithe rent charges.
4. Landowners whose land was originally part of the Glebe of the parish but fell into lay hands on the dissolution of the monasteries. However the chances of a piece of land being identifiable today would appear to be fairly remote.
5. Persons and bodies entitled to ‘Corn Rents’ in lieu of tithes.

What needs to be done if it affects your parish?

Where the liability for CRL is attached to land, it was and currently remains an overriding interest i.e. an interest that gives the PCC an automatic right of enforcement without the need to register that right at the Land Registry. However, the effect of the Land Registration Act 2002 is that for that liability to continue (and accordingly protect the PCC’s rights), by no later than 13th October 2013 the PCC must:

1. Enter a caution of CRL against first registration of unregistered land or
2. Enter a notice of liability against the land in case of registered land

(These are technical terms used in the Land Registry for having something placed on the register of title of the land concerned either before registration of the title [unregistered land] or after registration of title [registered land] of the land concerned)

If these registrations are done by this date the Land Registry will not charge a fee. Registration after 13th October 2013 is still possible but if a disposal of land (i.e. sale or transfer) takes place after that date but before registration the purchaser or new owner of such land will take the land without the liability attached to it. This requirement to register only applies to land based CRL – in other words where there is land having the liability attached to it.

What action should a PCC take?

The PCC as a charity has a duty to safeguard its assets. If there is a Lay Rector of a particular church, this information may be known within the Church. If, however, the incumbent, churchwardens or PCC has no direct knowledge then further enquiries will be needed to see if there is a Lay Rector and if there is, to take action to register the liability.

These enquiries can be:

1. By checking the records which may be held by the Church. Enquiries should be made of the Parish Terrier, the churchwardens, PCC members and others who have a long association with the Church. It may be helpful to look through PCC minutes or records about the last significant repairs to the Church.
2. The National Archives at Ruskin Avenue, Kew, Surrey, TE9 4DJ (tel: 0208 976 3444) produce a Chancel Repairs search guidance (Legal Records Information Leaflet 3) which provided guidance on how to establish possible CRL from records held at the National Archives. They have a web site – www.nationalarchives.gov.uk
3. Records can be held at the Diocesan Archives housed the Nottinghamshire Archives ,County House, Castle Meadow Road Nottingham NG2 1AG.
4. An Enclosure Award is often a valuable source of information. These may be deposited at National Archives or the County Archives Office (see above).
5. The Church Commissioners at Church House, Great Smith Street, London, SW1P 3AZ (Pastoral and Closed Churches Department). The Church Commissioners are usually unable to assist unless they have some liability themselves.
6. The Patrons of the Benefice.

Conclusion

It is important that the PCC takes steps to protect the ability of the Church to enforce any rights it may have to CRL as this is a benefit to the Church. It can be lost forever if it is land based CRL and not registered at the Land Registry before 13th October 2013. If the PCC does not feel equipped to carry out the research itself it may be appropriate to employ a researcher to undertake the necessary work. The Researcher will make a charge for this.

The Diocesan Registrar is happy to give further preliminary advice but does not have the resources or time to carry out the legal work involved in an application for registration of the liability.

C.C.Hodson – Diocesan Registrar Southwell and Nottingham Diocese – March 2010