Sunday, 17 November 2013

Nettleham Chancel Repair Liability

Bunker's Hill Lincoln


This story was recently put up and I wrote on the newspaper website this below but I have since discovered that the status of the maps in Lincoln record office 174 is slightly dubious but this one and this one should be good.

From newspaper 


“I have researching the history of chancel repair liability and the origin of the law pre-dates Henry VIII by 500 years and Henry VIII took church assets and sold them on to various people and yes he did contribute to the creation of Chancel repair liability. In 1985 and later in 2003 the government could have opted to deal with the liability in several different ways but due to the complexity of the liability decided to create a partial deadline as opposed to a proper resolution. This has left both Churches and land owners in a difficult place as each church has to struggle over what is right for them under charity law.

This particular liability is a result of an act of Parliament in 1776 and so not actually a decision of the church but a result of the enclosure commissioner and parliament. I can tell by looking at various on-line resources that there is at least the possibility that the PCC made a mistake since some land was given to a Clerical Rector and that liability was removed from the land in 1923 hence the owners will need to either visit Lincoln archives and examine Lindsey Award 174 to check this and maybe issue a UN4 form to the land registry. The rest of the land was given to sundry church organisations depending on the terms of sale of land and when it was sold it is at least possible that the liability returns to the organisations that sold the land. This though needs research into the deeds of the property and the conveyance documents over the last 200 years which only the owners of the properties affected will be able to do looking to see if it was sold without Ecclesiastical dues or liability or a similar phrase.

Do not make the mistake of believe I am defending the liability since I believe the government should have dealt with in a far better way but they didn't.”

9 comments:

  1. Greg it would appear St Marys Parish Church, Welton has also followed suit to lodge an undisclosed number of unilateral notices at the Land Registry as on 4th October 2013 prior to the 13th October cut off date! Anyone else affected?

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  2. Dear Anonymous PCC's can still register after the 13th October it is simply more expensive. Sorry I am not aware of who else is affected but I am guessing about 100 parish churches are registering. I have heard rumours of some of the ancient land families being reminded of obligations their ancestors agreed to.

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  3. Which Welton is this? since of the three I can find although all have enclosure awards for two of them the liability from what I can see should have been lost.

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  4. Hi Greg, I live in Welton by Lincoln and have been doing some research on whether there is still liability. Do you have any more info on difference between enclosure awards and liability and which you think should no longer have liability

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  5. Dear kerren There was an Enclosure of Welton by the marsh (Welton, Boothby and Hanby) and there should be an allotment(s) of land given in lieu of tithes which bear the liability to the impropriator this is in Lincoln record office under reference Lindsey Award 93.

    The other Welton award of 1772 called Lindsey Award 95 should have left no liability Since it was given to a clerical rector and land given for tithes clerical rector should mean the liability has been extinguished..

    There could be two awards of the same place 20 years apart or two different places and this is hard for me to check

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  6. Ok it seems to me that the enclosure award of the Welton near Lincoln should leave no liability because the land for tithes was given to a clerical rector. The enclosure award itself should be checked but if this is true there is no liability.

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  7. If you e-mail me once you have copy of the enclosure award I can put you in touch with someone who can help.

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  8. Well I have been sent a file with regards to Welton that suggests that some general records are incorrect some land for tithes went to a clerical rector and some to various other people.

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    Replies
    1. Hi Greg, I purchased my property 2004 and on the initial chancel repair searches undertaken the information filed at the London Law office mirrors the information obtained by yourself and listed in your response 1 December 2013, arriving from out of the area thought all matters resolved. I have filed a UN4 with the Land Registry and currently awaiting a response. Stressful to say the least...... nice Christmas present. Will advise outcome as it evolves.

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