Thursday, 24 October 2013

Gorleston Probable Type of Chancel Repair Liabillity

I have seen no hard documents that tells me what the liability is in Gorleston but from what I have read and my own files suggests that it is very likely to be apportioned liability created by the 1936 tithe act. 

The holder of the liability to repair the chancel was the owner of the tithe rent charge. Under the terms of the 1936 tithe rent charge was extinguished but the liability was either merged into the land or the church was paid off  or the liability handed permanently over to a particular organisation . Every plot of land was treated differently according to its owner and the unique history of that parish and it was a monumental task carried out during the war

So here is part of my original post 

Apportioned liability under the 1936 tithe act




The vast majority of chancel repair liability (75 %?) is apportioned out with each field taking a tiny amount of liability using a calculation based on pre-decimal coinage. Taking a real but anonymised example from a parish that I believe is not to pursuing the liability.



this means that for every 1 old pence of a value an allotment has the owners are due to pay 1/281578.

An example is field 185



The value of this field is 9 shillings and 4 old pence which means  the owner of the field  is liable for 184/281578 of the value of the chancel or for every £1000 damage to the chancel  the owner is liable for £0.65

here is the plot 185



Allotment 185 now has  11 owners on it and the owners would be obliged to share the liability between them in a way they thought was equitable. For a PCC to register the 185 it would almost certainly cost a PCC a good sum of money  and to collect the money probably about £30. 





It is  likely, as the estate is fairly new, that all the owners have bought chancel repair insurance at a cost of at least £25 (could be as much £60) per house which is vastly in excess of any even foreseeable liability on the plot of land.
If it was considered that the compounding figure was around £40,000 (this is only a guesstimate and based on Aston Cantlow) for a chancel that the compounding figure to completely remove the liability from this plot would 184/281578 * £40,000 or £26 showing that in this place chancel repair liability insurance is fairly pointless.
This example of apportioned liability is fairly average since there are places where the percentage per plot is much smaller and a places where it is larger

It is also important to note that plot 191 does not have any liability due to who owned that plot in 1936.




Conclusion

This is not a definitive answer since there is no way of telling the type of liability until the documents are seen and so all I can say this type of liability is the most common.

No comments:

Post a Comment