Wednesday, 10 July 2013

Random and helpful Links for Chancel Repair Liability

There are many helpful resources on the web but the best are hidden and far down the Google search results and here are the ones I recommend.

Firstly as one stop research base I would strongly recommend my files from all my presentations  found here some people have found the PCC flow diagram extremely helpful although I am aware it is not perfect.

Researching liability on enclosure awards

There is no substitute for getting hold of your parishes Tithe documentation to discover if there was an enclosure award. Yet to save time there is this amazing search engine for known enclosure plans which is not perfect, since for some places have changed names and so quite often it is better to look a the county list and see if there was an enclosure plan near the parish you are looking at. I have found one or two plans not on this index and found that some of the plans are in a very poor condition.

For parliamentary enclosures only there are two almost complete lists that show whether tithes were converted into land and this is not perfect either since what parliament intended and what happened may not be the same.
These two books are Parliamentary papers 44 and papers 30. It will show that if tithe were owned by a non-incumbent and there was a conversion to land then there is likely to be liability, conversely if the tithe owner was a clerical rector only then there is far less likely to be liability in that parish. Some warning needs to be given about names and county boundaries, since both could have changed and sometimes enclosures involve more than one parish and also the name provided on the House of Commons paper is not the name of the parish but part of the parish.

I linked House of common papers 44 and 30 with the search index and sorted some of the place name changes and created two files here and here.

Other Links

Other useful links for research are the national archives discovery website
and the  local archive search index access to archives 
The national archives have a helpful starting place for chancel repair liability research 
Various dioceses have a mixtures of helps and opaque comments but if you are a PCC in a diocese you should start with your diocesan website  but it is worth reading the Church of England's main website .
For PCC's considering not to register the liability but feel they need confirmation that this is a reasonable decision for them then visiting the Charity Commissioners website is a good idea. Personally I consider that getting something from the charity commissioners would protect a PCC from any other body questioning a PCC's decision and may help protect grants at a later date.

All solicitors websites that have something, give brief and unfortunately, sometimes, not accurate overviews of Chancel Repair Liability the purpose of which, I suspect, is to encourage people to use them for advice.

These links are a little random but hopefully will save some time struggling with Google.

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