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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Chancel Repair Liability: How to Research It (Revised ed) isbn 9781898029847

Chancel Repair Liability: How to Research It

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ISBN13: 9781902681511
ISBN: 1902681517
New Edition ISBN: 9781898029847
Published: June 2005
Publisher: Barry Rose Law Publishers Ltd
Country of Publication: UK
Format: Paperback
Price: Out of print

Wildy's Book of the Month - February 2006
The owner of any property, however small, in England and 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, convenyancers 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 recognized. This book - believed to be 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 possible when, and to what extent, liability may exist.

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Ecclesiastical Law
Which landowners are liable for chancel repairs today?
Locating and identifying the land
Other preliminary searches
Who is the rector? ;
Vicars, 'perpetual curates', and chancel repair liability
Liability based upon tithe rentcharge
Title apportionments ;
Other sources of liability
Some special 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