Explanation of the law:
"Rectorial land" or land carrying an obligation to repair the chancel is thought to exist in about 5300 parishes in England and Wales. Put simply, originally in medieval times the parishioners were responsible for the repair of the nave where the congregation sits and the rector for the chancel. The rector was entitled to 10% of the farm produce of the parish (the tithe) as well as the income from any other land in the parish owned by the church - this bundle of rights was called the rectory and carried with it the responsibility to repair the chancel. After the dissolution of the monasteries these rectories were sold off to lay people who were then known as Lay Rectors. As time went by further rectorial land was created through the conversion of tithes into land by the 18th and 19th century enclosure awards, as in the Wallbank's case, and these rectories were divided up and built on to create the urban and rural landscape of today. Unfortunately, although Parliament eventually abolished tithes, it never got around to doing anything about Chancel Repair Liability, mainly because it was thought that it was never imposed unless the lay rector was a public body such as an Oxbridge college.
- c1980’s: Law Commission and Church of England Synod recommend that the archaic and unjust law be repealed.[1]
The Test Case:
- 1990: The PCC of Aston Cantlow (Warcs) approach Mr and Mrs Wallbank, demanding that since they are lay rectors they pay for the chancel repair.[2]
(Mrs Wallbank inherited the land in Warwickshire off her farmer father. The couple were by then sheep farming in Wales and let the Warwickshire farm to Mrs Wallbank’s brother.)
- 2000: High Court: As lay-rectors, the Wallbanks found to be liable to pay the chancel repair costs
- 2001: Appeal Court: Found in favour of Wallbanks ruling that this law was contrary to European Convention on Human Rights and PCC subject to Human Rights Act of 1998. [3]
- 2003: House of Lords: Law lords overturn Court of Appeal ruling on the grounds that a PCC is NOT a public body and so is exempt from Human Rights laws. Wallbanks liable for chancel repairs and the viability of this archaic law is now established and enforceable throughout England and Wales.
- 2007: High Court judgment demands Wallbanks pay a repair bill of £186,986, plus VAT and costs, bringing the total up to approx £250,000 plus £200,000 in years of legal fees.
The extent of this obligation sets the precedent for payouts from home and landowners throughout England and Wales.
[1] See Law Society Submission to Government for repeal of the law, www.lawsociety.org.uk
[2]Under Common law and the Chancel Repairs Act of 1932
[3] Article in 'The Independent' , 24/5/01 : http://www.findarticles.com/p/articles/mi_qn4158/is_20010524/ai_n14383422