It is hard to believe that a medieval structure not in your ownership and not even in the immediate vicinity of your land could result in you receiving a repairs bill, perhaps running to hundreds of thousands of pounds, but this is the possibility faced by landowners whose property is near a church. Under the Chancel Repairs Act 1932, Church of England parishes can (and often do) claim the repairs cost of the chancel of parish churches from property owners in the parish. Regular attendance at the church in question is unlikely to absolve you from liability. The parish’s demand is quite legal and as the law stands at present payable in full.
Obviously this is a serious conveyancing issue as a large bill can be catastrophic. It often leaves a home owner in a “catch 22” situation of being unable to afford to pay the church levy without selling his/her property but not being able to sell because of the bill and the recurring potential for liability.
Careful investigation can identify if there is a problem. As with most legal problems, there is a solution. However, this is a little known area of property law and it would be advisable when buying a property to employ solicitors with a sufficient depth of property knowledge to carry out the necessary research and solve the problem if there is one. This can usually be combined with full planning and environmental searches which also are vital.
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