## Thursday, 24 October 2013

### Gorleston chancel repair liability the Magdalen College factor

According to the national archives one of the Lay Rectors was Magdalen College who appear to have 3/12 of the value of the chancel compounded (liability paid off)  ie there at the most in Gorleston 9/12 of the value of a chancel left to compound or to be paid off.

### Calculating a compounding figure

The actual means of calculating the figure to remove the liability is fairly mysterious  but we know that to remove the liability from  Aston Cantlow was £36,5000 and so, I guess any other chancel would be  in the same ball park which means about £40,000 although to accept any figure is up the PCC and the Diocesan authority. Since Gorleston chancel would seem to have had 3/12 paid off already  that  leaves about £30000 outstanding of the compounding figure. It is possible that other liabilities have also been extinguished under the 1936 tithe act and so it could be much less.

1. I would like to know why my property is singled out, no-one else I know has one of these notices. Englands the solicitor that sent me the notice said there was 700 letters gone out and another 800 to go out. The next morning they said they weren't dealing with it anymore. I want to know why my house when I have joint absolute propriety

2. A very good question and it is impossible to precisely answer the question without seeing the basis for the liability since there are at least 5 possible origins of the chancel repair liability.
The most likely source of the liability is liability based on the 1936 Tithe act where each tithe field takes a very percentage of the liability ie give an example in an early post
http://chancelrepairliability.blogspot.co.uk/2013/07/chancel-repair-liability-insurance.html

(I'll repost it in a better format some time soon)
For the vast majority of churches this is an impossible liability to enforce or even trace due to the tiny percentage over 100's of fields.for instance in my parish there is 30% liability over 302 fields over 8 tithe maps. Yes the liability exists but it is simply not worth it and the compounding value is under the cost of the legal and mapping fees.

We may feel we have absolute propriety but like all property it is subject to the law no matter how dated and it is likely that the liability was created by 1936 Tithe act and the 1839 tithe act section 1. On the creation of the 1936 tithe act much liability was removed but in some instances the government merged the liability of the landowner into the land.

In effect the liability, if your property has it, is a direct consequence of an act of parliament (or acts) and who the owner of the land was when the act was passed. Unfortunately the previous owners were not obliged to tell the buyers of the liability and so it has got forgotten. Yet the documents identifying the land bearing the liability have always been publicly available.

3. Dear Anonymous
I should have said you must object using a UN4 form as a matter of course

Greg