A Medieval Legacy – an update from our UK Real Estate team at F&F LLP on Chancel Repair Liability

On 15 July 2025, The Law Commission has released a consultation paper proposing a long-awaited reform to chancel repair liability, a historic legal obligation that can require landowners to contribute to the cost of repairing the chancel of their local parish church. Under the proposed changes, this liability would only affect purchasers of registered land if it is formally recorded on the property’s title.

This move aims to bring greater transparency and certainty to property transactions across England and Wales.

Historical Context

Chancel repair liability dates back to medieval times, when certain landowners were responsible for maintaining the chancel of their parish church. These obligations were originally tied to rectorial land and persisted through the dissolution of the monasteries under Henry VIII.

Though ancient, the liability remains enforceable today and has caused significant concern among property owners, particularly in rural areas.

The Wallbank Case: A Turning Point

In 2003, the House of Lords ruled in Aston Cantlow Parochial Church Council v Wallbank that the Wallbanks were liable for nearly £187,000 in chancel repair costs, plus legal fees. The case shocked the property sector and led to the widespread use of chancel repair insurance to protect buyers from unexpected claims.

Law Commission’s 2025 Proposals

The consultation paper recommends:

• Chancel repair liability should only bind purchasers of registered land if the liability is registered against the title
• For unregistered land, liability must be protected by a caution against first registration
• If not registered, the liability will cease upon first registration
• The reforms aim to reduce conveyancing costs and improve legal certainty for buyers

The consultation is open until 15 November 2025, with final recommendations expected in 2026.

The UK Real Estate Team at F&F LLP continues to support clients with all aspects of property law and conveyancing across England. For tailored legal advice, please contact: Anna Douglass, Alastair Hargreaves, Caren Vidamour, or Hannah Damant.