Chancel repair searches are no longer an optional extra. Matt Le Breton explains why
Chancel repair liability affects millions of acres of land across England and Wales. As it is the historic, not modern, parish and tithe district boundaries that delineate risk areas, it is not possible, in most cases, to guess either which church or indeed parish is relevant. Hence the risk is sufficiently widespread, and difficult to identify manually.
The gravity and quantum of damages awarded to the church by the House of Lords in Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank [2003] UKHL 37, [2003] 3 All ER 1213—£189,969 plus VAT plus costs—has added fuel to the debate. Fortunately, however, the majority of claims to date have been for hundreds or a few thousand pounds rather than for hundreds of thousands of pounds.
Some commentators maintain that chancel repair searches are unnecessary, as the church will not pursue individuals who are subject to this liability. This is despite Law Society guidance to the contrary, as in the recently published 13th edition of the Conveyancing Handbook it
