News & Insights // Church begins pro-active registration


Church commences pro-active registration

Even with over 7 years to go before the end of the period the church has to register liable land, we have confirmation that four Diocese have already instructed their Parochial Church Councils to actively seek out and register all liable land within their parishes.

Legal update on entries in title documentation relating to tithes

 

Where there is an entry in the title deeds that relates to tithe responsibility rather than chancel repair liability please note that the Tithe Act 1976 abolished all Tithe responsibilities.

The following statement was recently issued by the Church Commissioners:

“Tithes, which descend from the tenths payable to the Church on the land's produce to support the clergy, were abolished by the Tithe Act of 1976. A few forms of Tithes did 'escape' from the legislation but have now been redeemed.”

The net result is that where such an entry is found it can be ignored per the abolition of tithes under the Tithe Act 1976. If the property receives a ChancelCheck® report indicating that the subject property is within a “risk parish” then a normal ChancelSure® policy can be purchased as there is “no entry in the title documentation relating to chancel repair liability”. Thus a bespoke quote is not required.

Where an entry in the title documentation does relate to chancel repair liability specifically bespoke quotes are still available. Please email a copy of the entry, property address and level of indemnity required with the acreage of the land in question to sales@clsl.co.uk.

Update on City of Wells liability
 

The Parochial Church Council (PCC) for Wells, Somerset has issued a Deed of Relinquishment cancelling all chancel repair liability for lay rectors within the City of Wells and In and Out Parishes of St Cuthbert. The PCC decided in this instance that as the liability per property was statistically insignificant it would not be viable to register and claim against the lay rectors.
 

NB: CLSL have amended their data as a result of receipt of this information to ensure that any ChancelCheck® carried out on property within this historical parish is issued a Certificate.