Download the form - Word Format
Download the form - PDF Format
Situated only 15 mins away from the Public Records
Office, results are guaranteed within 24-48 hours.
If a property is near a church, or is on land formerly owned by some of
the older universities, there may be an obligation to contribute towards
repairs to the chancel of the local parish church. This was laid down in
the Chancel Repairs Act 1932. Such liability is enforceable in the County
Court, and can apply to properties falling within a Church of England parish
which has a vicar or had a vicarage and has a church dating from the medieval
period or earlier.
It is possible to establish whether such an obligation
exists by conducting a Chancel Repair Search.
Liability for repair
Due to the recent House of Lords decision in the case of Aston Cantlow
PCC v Wallbank [2003] and the effect of the Land Registration Act
2002, it is not surprising that there has been a dramatic increase
in the number of Chancel Repair Searches being carried out. Solicitors
now don't have to become involved with Ecclesiastical Law to fully appreciated
the full implications of such a search
The benefit of such a search is that Solicitors will at least have the
opportunity to insure their client against an involuntary contribution
to the church unless solicitors would like to try their chances arguing
breach of the Human Rights Act.
HOWEVER PLEASE NOTE:
1) Not all land in England is covered by the registers.
2) A Land Registry Plan is particularly
helpful but it is sometimes impossible to match a plot on a modern map
to a description or map of land in the records. This means it is not always
possible to work out the exact proportion of liability attaching to a
particular modern plot. Some of the old tithe maps no longer exist.
For further details, please visit our website: www.chancelrepairsearches.co.uk
|
