Residential Conveyancing News

The stark reality of Chancel Liability - The Wallbank's misery continues... Tania Coventry

Our earlier article on chancel repair liability reported on the plight of Mr and Mrs Wallbank and the massive financial implications a chancel claim can have on an unsuspecting property owner. Now, as if putting the final nail in the coffin, the press are reporting that the Wallbanks are forced to sell their farm at auction at the end of this month in an attempt to recover their £500,000 financial loss.

Those who have read our earlier article will recall that under a law originally created during Medieval times, the Church at parish level can claim contributions from land owners to repair the chancel of the local church. It impacts on land in over 5,200 parishes in England and Wales and, currently, the liability is estimated to affect 3.5 million acres of land. Because the chancel of a church was the area where the rector, or parish priest, officiated, the duty of repairing the chancel of an ancient parish church fell on the owner of property attached to the rectory. Such rectorial land can be anywhere within the parish of a pre-Reformation church, and it is important to note that it is the land and not the property that is affected (so old and new buildings can be similarly liable).

The Wallbanks inherited the farm in 1990 and since then have undergone an 18 year battle to overturn this ancient law which resulted in them being lumbered with a £230,000 bill for the repairs to the 13th century church where Shakespeare's parents married.

The Wallbanks lost their battle in the House of Lords having spent £250,000 in legal fees.

With the total bill now nearing £500,000 the Wallbanks are reported in the press to now be left with no choice but to try to sell the farm. It is understood that it is going to auction at the end of this month with a half a million pound price tag.

The Wallbanks are currently trying to reach a settlement with the church whereby they would, in return for further money, be released from further chancel repair liability. Such an agreement will be critical as finding a buyer, and their likely success at auction, will hinge on this decision.
The continuing plight of the Wallbanks, and their decision to auction their property, serves as a stark reminder of the importance of finding out before you buy a property whether it is in a parish affected by a chancel repair liability. At Lees Solicitors LLP we carry out such searches as part of the conveyancing process and you are advised accordingly so that the appropriate steps can be taken to protect your position.

If you require any further advice on a property related matter or if you are buying or selling any property whether commercial, residential or agricultural please speak to a member of our Business & Property Services Team on;

Birkenhead 0151 647 9381

Heswall 0151 342 6273

West Kirby 0151 625 9364

Tania Coventry

This article provides a summary of a recent case/change in law/news item. It is intended for general information purposes only and is not to be relied upon. It does not constitute legal advice and should not be treated under any circumstances as a substitute for legal advice. Lees Solicitors LLP does not accept any responsibility for any loss that may arise from reliance upon the information contained within this article. The copyright in this article is owned by Lees Solicitors LLP and permission must be sought before reproduction or publishing.

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