13 January 2014
Last updated at 11:51
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Over 12,000 Notices of Chancel Repair Liability lodged at Land Registry
More than 12,000 homeowners have been issued a notice warning them that they are liable to contribute towards the upkeep of their local Anglican Church.
Paul Hajek of Clutton Cox writes in his blog of the 7th January how Chancel Repair Liability remains an issue that's not going away any time soon.
Shortly, after the initial deadline of 12th October 2013, the Church Times revealed that 89 Parochial Parish Councils (PPCs) on behalf of their Anglican Churches had lodged 601 Chancel Repair Liability notices against their titles at the Land Registry. There were also 95 cautions lodged against first registration of unregistered land.
The number of notices has grown dramatically since then.
According to an article in The Sunday Times in eraly January (as a result of a freedom of information request) it was revealed that the number of households affected was 12,276 amassed by 247 PPCs.
The biggest "culprit from the pulpit", was St. Cuthbert’s in Lytham with 5725. St. Andrew’s in Gorleston managed 854.
Misinformation
12, 276 notices of Chancel Repair Liability is about 12,276 too many even in the rare occasions where the liability has been revealed in the title deeds to the property.
Perhaps a level of last minute panic: PPC trustees misinformed about the possibility of personal liability if they fail to register the notices.
Pastoral Correctness
Ignorance of the law has led at least one PPC to register notices against people who they deem to be “able to afford it” and not seek to register against ex-Council houses and social housing.
Chancel Repair Liability is in legal jargon both “joint and several” so it would be open for any one affected by a notice to, in turn, seek a contribution from everyone else who has the liability regardless of “deemed” social status. Thereby, defeating an attempt at pastoral correctness.
It is understood that the PPC in question is now reviewing its position and may well reverse its original decision.
Just Wrong
There have been a few cases where the PPC simply got it wrong and registered the notice incorrectly.
Although the Land Registry stated they would be very rigorous in checking Chancel Repair Liability Notices, the complexity of the historical evidence required maybe beyond their remit and resource.
Cold comfort for those affected, though.
SOURCE: Paul Hajek - www.cluttoncox.co.uk
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