Wednesday, 25 September 2013

Humbleton Chancel Repair Liability update 2

From the Press

The Daily mail has reported on it and as you would expect there is a key of error in it's reporting it states

The government looked to abolish the law 10 years ago and gave churches a decade, until October 13 this year, to register properties for chancel repair liability with the land register otherwise they would not be able to make a future claim

Whilst in reality a parish can definitely register after Oct 13th the key differences after that date is that it is more expensive to register the liability and in the example of Humbeton this might be a factor and if the land was sold after that date without the liability being registered the liability is extinguished.

It also states

The law only came to light in 2003 when married couple Andrew and Gail Wallbank were told they had to pay £100,000 to fund repairs of their ecclesiastical parish's medieval church at Aston Cantlow

Which is another inaccuracy since people had been paying Chancel repair liability for hundreds of years and indeed the Wallbanks knew about the liability when they acquired that land and there was a law commission report on it in 1985 asking what should be done with this ancient charge. The Wallbank case certainly moved the issue into the conciousness of the general public  and it became apparent that it is something that affects not only large land owners but also the general public. To say the law only came to light in 2003 is slightly over egging it but then it is the Daily Mail.

Elsternwick Enclosure

As I stated before there was an enclosure award in the parish Humbleton near Elsterwick that created land bearing the liability in a non-apportioned form.

From House of commons paper 44

This shows that there was land given to a lay Impropriator (lay rector) and this land bears the liability  and some land for the Vicar and if that ever had the liability that has now been lost.

Second Extract

This extract unusually states roughly where the land bearign the liability would be but to actually locate the land would mean a visit tot he East Riding Record Office to view the Enclosure award and Map and to see if the map can be cross referenced with a modern map. Enclosure award liability is frequently recorded on the deeds of the property and so it is likely the owners are aware of the liability unlike Mr Wood and the other people of Humbleton.

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