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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
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Chancel Repair Liability: How to Research It (Revised ed)

ISBN13: 9781898029847
ISBN: 1898029849
Previous Edition ISBN: 1902681517
Published: August 2006
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: £24.95

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Wildy's Book of the Month - August 2006

The owner of any property, however small, in England or Wales, can be liable in certain circumstances to pay for repairs to the chancel of a medieval parish church in his locality. Until a recent case decided in the House of Lords led to a farmer and his wife being called on to pay a £95,000 bill, many property owners, conveyancers and parochial church councils had ignored this apparently remote corner of the law. Now, especially as a result of the Land Registration Act 2002, chancel repair liability has become a live issue.

The need for searches to establish whether any particular land may be affected is increasingly recognised. This book — the first of its kind — provides practical information on how to make these searches. It does not set out to be a legal textbook, but to enable lawyers, laymen and churchmen to understand the background and sources of information available so that they can discover so far as is possible when, and to what extent, liability may exist.

A Foreword by Dr R. Sturt, Diocesan Registrar of Canterbury, endorses its value not only for people who plan to do their own research, but as a mine of information for professionals, parochial church councils and amateur historians

Property Law, Ecclesiastical Law, Wildy, Simmonds and Hill
Introduction How it Came About
Table of Cases
Table of Statutes
Which landowners are liable for chancel repairs today?
Locating and identifying the land
Other preliminary searches:
1.Catalogue search
2.Printinted sources
3.Valuation Office documents;
Who is the rector
Vicars, Perpetual Curates, and chancel repair liability
Liability based upon tithe rentcharge
Records of Ascertainments
Tithe Apportionments
Other sources of liability:
1.Rectorial glebe
2.Enclosure awards allotments of land
3.Enclosure awards corn rents
4.Mergers before commutation
5.Special Apportionments;
Some difficult cases
Quantifying liability
Insuring against chancel repair liability
Compounding for chancel repair liability
The position in Wales
Research plan
Finding a researcher
Appendix 1 Relevant documents at the National
Archives and County Record Offices
Appendix 2 The Land Registration Act 2002
Appendix 3 Bibliography
Appendix 4 Leading cases
Appendix 5 Specimen documents;
1. Index to Records of Ascertainnients (Devon)
2.Page from the Record of Ascertainments for
Chieveley, Berkshire
3.Collective Record of Ascertainments for a
number of parishes in Dorset.
4.Opening page of Tithe Apportionment for tithe
district of Winterbourne
5.Page of Altered Apportionment for tithe district
of Winterbourne
6.Section of tithe map for Bridge Hewick (Ripon
parish), Yorkshire
7.Section of enclosure award for hamlet of East
Hanney Berks., allotting land depicted in illustration 8 to Sir William Jerningham
8.Section of enclosure map for hamlet of East
Hanney, Berks., 1809, showing land allotted to Sir William Jerningham