CHANCEL REPAIR LIABILITY Meaning and
Definition
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Chancel repair liability refers to a legal obligation that falls upon certain property owners, primarily in England and Wales, for the maintenance and repair of the chancel (the area around the altar) of a medieval parish church. This historic liability dates back to medieval times when the Church of England was responsible for the upkeep of its chancels.
Chancel repair liability is typically attached to properties that were formerly owned by the church or properties situated within a designated area known as a "parish." This liability can potentially affect various types of properties, including residential homes, commercial buildings, and even pieces of land. It can be a significant financial burden as the costs of repairing the chancel can be substantial, often running into thousands or even tens of thousands of pounds.
The liability is usually discovered during the conveyancing process when property ownership is transferred. The liability is registered with the Land Registry, and potential buyers are typically advised to undertake searches to determine if the property is subject to this burden.
However, chancel repair liability has become a matter of controversy in recent years, with many property owners advocating for reforms or seeking to remove or limit this obligation. Various legal and legislative measures have been introduced to address the issue, though the liability remains for the time being.
