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Church repair law - pray you are safe

16:01, 20 January 2010

updated: 16:01, 20 January 2010

Church law
Church law

An ancient law means that homeowners living around medieval churches belonging to the Church of England (or Wales) could have to help pay for internal repairs to the buildings - which could amount to tens of thousands of pounds.

The only way to avoid the problem is to take out a special kind of indemnity insurance.

The Wallbanks family, owners of Glebe Farm, Warwickshire, ended up with a legal bill of £220,000 after fighting a demand for £95,000 all the way to the high court, and losing.

Peter Daniels, from Medway-based solicitors Stephens & Son and pictured above, said: "This is by no means a straightforward issue and could affect anyone living in the environs of a medieval church, and that may not necessarily be the church closest to you, as it depends on the boundaries of historic parishes."

It is possible to carry out a Chancel Repair search and insure against any claim.

The obligation dates back to the charging of those with land in the area belonging to the church (often known as Glebe land) for the upkeep of the nave.

"Your obligation is to keep the chancel not just wind and water-tight but in good repair," said Mr Daniels.

"Even if the land has been split into a housing estate with, say, 500 houses, then apparently the Church can sue one house owner and leave that owner to recover from the other householders at his or her own cost."

And he warned: "On no account contact your local church to find out, or else you may not get insurance cover, or only at a much higher cost!"

Mr Daniels added: "Searching the Public Record Office is not as good an idea as it might sound, as the records are often very poor and not guaranteed to show whether or not there is a liability, indeed, if you found one, you would have to disclose it to a potential buyer.

"The best thing would be to pray you are not in a house that may be affected by Chancel Repair liability or, perhaps more sensibly if you are, that you already have insurance in place with a reputable insurance company that can deal with your claim when - or if - it is made."

Stephens & Son of Railway Street, Chatham, offers a dedicated property department. For more details call 01634 811444.

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