Chancel Repair Liability
Wildy, Simmonds and Hill Publishing (Verlag)
978-1-898029-84-7 (ISBN)
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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
James Derriman was for 23 years a part-time independent researcher at the National Archives, Kew, latterly specialising in chancel repair liability. After war service at sea he was called to the Bar, before becoming a public relations consultant, advising companies and merchant banks.
Foreword
Acknowledgements
Introduction
Table of Cases
Table of Statutes
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
Records of Ascertainments
Tithe Apportionments
Other sources of liability:
Redemptions
Some difficult cases
Quantifying liability
Insuring against chancel repair liability
Compounding for chancel repair liability
Enforcement
The position in Wales
Research plan
Reporting
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
Index of Names
| Erscheint lt. Verlag | 30.8.2006 |
|---|---|
| Verlagsort | London |
| Sprache | englisch |
| Maße | 138 x 216 mm |
| Gewicht | 280 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Sachenrecht | |
| ISBN-10 | 1-898029-84-9 / 1898029849 |
| ISBN-13 | 978-1-898029-84-7 / 9781898029847 |
| Zustand | Neuware |
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