What is Chancel Repair Liability (CRL)?
CRL is an ancient liability attached to a piece of land, where you are obliged to pay for repairs to the Church. More specifically, the Chancel, which is the easterly portion of the church where the alter sits. This liability poses a risk and can be financially devastating for individuals, although rarely enacted, it is worth knowing the potential burden.
Is Chancel Repair Liability still relevant?
The infamous case of Mr and Mrs Wallbank who were liable for repairs to a 13th century Church shows how present CRL still is. The climax of the 7-year legal battle left the couple liable to pay £187,000 in repair costs and £250,000 in legal fees, a loss that resulted in them having to sell their farm. The claim arose from a piece of land they inherited, unbeknown to the Wallbank’s it came attached with CRL, to remove the liability they had to pay an additional £37,000 to cover the cost of any future repairs.
The Land Registration Act 2002 attempted to clear any ambiguity, declaring that from October 2013 CRL does not bind registered land unless the liability has been noted on HM Land Registry. However this act was limited, there is still vast confusion over whether properties are affected, especially in unregistered land. Therefore, many conveyancers do an additional search to check if property is burdened by CRL as well as taking out insurance.
Potential Reforms
The Law Commission have suggested reforms to be made to clear up the ambiguity caused by the Land Registration Act 2002.
The Commission proposes to:
- Clarify that CRL must only be binding if noted on the HM Land Registry – therefore being much more transparent to potential purchasers and lenders.
- Clarify the effect of the first registration of unregistered land on CRL.
- Suggest that any amendments apply retrospectively therefore applying to transactions post October 2013.
- Provide a clear and certain answer to the effect of land registration on CRL.
The Commission are currently conducting a public consultation, which is still open until 15 November 2025. They urge anyone who has an interest in CRL or are affected to respond to their consultation. In the meantime, the ambiguity remains, and careful due diligence should be undertaken prior to any purchase.
