In mediaeval times the Rector of
a parish was due tithes from his parishioners, either in the form of land owned
by the Rector or in rent or produce from parishioners. In return the Rector was
responsible for maintaining the chancel of the parish church, while the
parishioners were responsible for maintaining the nave and the rest of the
church. The monasteries and other religious foundations were the Rectors of
many parishes, claiming the tithes and sending a Vicar to live and minister in
the parish. During the Dissolution of the Monasteries in the reign of Henry VIII, the tithe rights of the
monasteries were often granted to individual landowners or to
By the early 20th
century tithes had come to be regarded as archaic and in need of reform or
abolition, but the chancel repair liability of Lay Rectors remained in
force. As a result of the concern about
tithes, legislation was put in place to transfer the Chancel Repair Liability
of clergy who were Rectors to Parochial Church Councils (PCCs). Consequently, parishes which were ancient
Rectories do not normally benefit from any continuing chancel repair
liability. Other legislation at this
time also allowed for certain categories of Lay Rector to pay an agreed sum in
full and final settlement of their liability into a chancel repair endowment
fund. Some categories of liability were excluded from the legislation and
continued to operate. As a result of
this there have been a number of cases over the years where Lay Rectors have
voluntarily made an agreed payment to end their liability.
Victorian and more
modern parish churches do not normally benefit from chancel repair
liability. However, land and houses currently in these more modern parishes may
lie within the ancient boundaries of a parish where a continuing liability
exists, and individual properties may be subject to such a liability. Companies
such as ChancelCheck will establish the ancient
parish within which a particular property lies.
Generally, ancient
parishes which were Rectories (i.e. where the Rector was the member of the
clergy serving the parish) no longer benefit from any chancel repair liability,
because the liability formerly exercised by the Rector was transferred to the
PCC under earlier legislation.
In many cases where the
parish was an ancient Vicarage and a liability to repair the chancel
existed, all liability was ended either by the provisions of legislation such
as the Tithe Act 1936, or by the action of the Lay Rector in making a voluntary
agreement to end their liability. Information about such cases can sometimes be
provided by reference to the Diocesan Office.
In many cases where a liability continues, it is a proportion
of the whole original liability that remains, the other part having been
transferred to the PCC.
Where a liability continues, the person or body responsible as
Lay Rector is bound not only to repair the chancel but also to restore and
rebuild if necessary. Where the Lay
Rectors are aware of their liability, they can insure the chancel against
certain insurable risks such as fire etc. (specialist insurers of church
buildings such as Ecclesiastical can advise on such cover). In cases where the
liability is shared, and the landowners are aware of this share of
responsibility they can contribute jointly towards an insurance policy and
towards the costs of repairs. This
shared liability is a joint and several liability
meaning that the PCC may ask for a contribution from any one landowner (usually
the one with the largest proportion of the liability), leaving that one
individual to claim part of the costs back from the others who share the
liability with him or her.
In some cases an individual landowner or an ancient
institution such as an Oxbridge college or the Church Commissioners has a clear
continuing liability. The parishes where it is understood that the whole or major part of the continuing liability
rests with an institution or single landowner are listed at the end of this
paragraph 6 for reference only. Any enquiry about the position concerning an
individual property in one of these parishes should be referred to the Diocesan
Office as in some cases part of the liability attaches to land not in the
ownership of the major Lay Rector.
| BARKWAY St. Mary Magdalene | |
| CADDINGTON All Saints |
|
| COPLE All Saints | |
| TOTTERNHOE St. Giles (* around 20% remains attached to other land) |
|
| WARE St. Mary the Virgin |
|
| HITCHIN St. Mary |
WOBURN St. Mary |
The records held in the Diocesan Office
currently indicate that the following parishes are believed to fall into this
category, although the list is not meant to be exhaustive or conclusive:
| ARLESEY St. Peter |
|
| CHESHUNT St. Mary the Virgin |
|
| EATON BRAY |
|
| EYEWORTH All Saints |
|
| GREAT AMWELL W. ST.MARGARET'S |
|
| GREAT |
|
| HERTFORD All Saints |
|
| HOUGHTON REGIS All Saints |
|
| KEMPSTON All Saints |
TILSWORTH All Saints |
| KIMPTON St. Peter and |
WATFORD St. Mary |
| LUTON St. Mary | |
| OFFLEY St. Mary Magdalene |
WILSHAMSTEAD All Saints |
| CHALGRAVE All Saints |
KING'S WALDEN St. Mary |
| LITTLE |
|
| DUNTON St. Mary Magdalene |
|
For detailed guidance about
chancel repair liability as it may affect an individual property, you should
always seek legal advice.
The lists set out above are only
published for information purposes only and should not be relied upon as
conclusive statements of the existence or absence of chancel repair liability
in the parishes mentioned therein.
Individual landowners should always make their own enquiries to the
Diocesan Office and through appropriate search providers via their Solicitors
if they have any particular concerns.
The St Albans Diocesan Board of
Finance disclaims any and all liability which may accrue through reliance upon
these lists in any form as definitive or conclusive proof of the presence or
absence of chancel repair liability in any given parish. As stated above, parishes
and individual landowners should always take legal advice on this complex but
important matter.
March 2008