Chancel Repair Liability: A Medieval Trap
You could be forced to pay millions to repair the local church roof. Chancel Repair Liability is a medieval law that still catches out modern homebuyers today.
Buying a house in a picturesque English village sounds idyllic, but it can come with a terrifying medieval catch. Chancel Repair Liability is a legal obligation on some property owners to fund repairs to the chancel (the area around the altar) of the local medieval parish church.
The Aston Cantlow Case
This ancient law stems from the time of Henry VIII. When he dissolved the monasteries and sold off church land, the liability to repair the local church passed to the new landowners. This liability remains attached to the land today. In a famous 2003 case (Aston Cantlow v Wallbank), a couple inherited a farm only to receive a £230,000 bill from the local church for roof repairs. After years of litigation, they lost and were forced to sell the farm to cover the bill and £250,000 in legal costs.
While the law was updated in 2013 requiring churches to register the liability, properties can still be caught out. This is why conveyancing solicitors almost always recommend buyers take out a £20 Chancel Repair indemnity insurance policy—a small price to pay to avoid a medieval bankruptcy.