Sunday, 17 November 2013

Nettleham Chancel Repair Liability

Bunker's Hill Lincoln

This story was recently put up and I wrote on the newspaper website this below but I have since discovered that the status of the maps in Lincoln record office 174 is slightly dubious but this one and this one should be good.

From newspaper 

“I have researching the history of chancel repair liability and the origin of the law pre-dates Henry VIII by 500 years and Henry VIII took church assets and sold them on to various people and yes he did contribute to the creation of Chancel repair liability. In 1985 and later in 2003 the government could have opted to deal with the liability in several different ways but due to the complexity of the liability decided to create a partial deadline as opposed to a proper resolution. This has left both Churches and land owners in a difficult place as each church has to struggle over what is right for them under charity law.

This particular liability is a result of an act of Parliament in 1776 and so not actually a decision of the church but a result of the enclosure commissioner and parliament. I can tell by looking at various on-line resources that there is at least the possibility that the PCC made a mistake since some land was given to a Clerical Rector and that liability was removed from the land in 1923 hence the owners will need to either visit Lincoln archives and examine Lindsey Award 174 to check this and maybe issue a UN4 form to the land registry. The rest of the land was given to sundry church organisations depending on the terms of sale of land and when it was sold it is at least possible that the liability returns to the organisations that sold the land. This though needs research into the deeds of the property and the conveyance documents over the last 200 years which only the owners of the properties affected will be able to do looking to see if it was sold without Ecclesiastical dues or liability or a similar phrase.

Do not make the mistake of believe I am defending the liability since I believe the government should have dealt with in a far better way but they didn't.”