Arcane law imposes liability for church repair
So, the House of Lords has ensured that chancel repairing liability still falls on “lay rectors”. To become a “lay rector” you need no religious beliefs and no ordination by the bishop. As Mr and Mrs Wallbank found out, you simply need to acquire property burdened with this liability (the prospect of a good seat in the church for life would seem fair recompense for this only to the most devout!). See Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank [2003] UKHL 37; [2003] 27 EG 137 (CS) for a summary of the House of Lords decision.
Chancel repairing liability is considered an overriding interest under the Land Registration Act 1925. Whenever property is sold, mortgaged or let, it is dealt with subject to overriding interests. This gives parochial church councils (PCCs), which are entitled to enforce chancel repairing liability, the whip hand.
The Land Registration Act 2002 (Transitional Provisions)(No 2) Order 2003 preserves the overriding status of chancel repair liability for a transitional period of 10 years from 13 October 2003. During this period, the liability will bind new owners of property even if no entry has been registered in respect of the liability. After that, however, church authorities will have to protect their position by registration, so that purchasers will not be in for any nasty surprises.
Nicholas Redman, professional support lawyer at DLA
Related items:
- Chancery Division judgment: [2000] 2 EGLR 149
Beyond the call of duty 23 June 2001 – consideration of the Court of Appeal judgmentStatus of chancel repair liability preserved for 10 years EGi Legal News 25 September 2003
