What is chancel repair liability? An analysis of the classification of chancel repair liability and connected practical issues

Abstract

Chancel repair liability is an ancient legal concept which, when found to exist, may require a property owner to cover the cost of repairing a local parish church chancel. This cost can run into tens of thousands of pounds. The nature of chancel repair liability is elusive and not neatly classified within the framework of our modern legal system.
This thesis seeks to explain the nature and scope of the concept and classify it within a modern legal system by characterising it as an established legal concept. The methodology used is to identify the cornerstones of the established proprietary and non-proprietary rights and determine whether these are analogous with the key principles of chancel repair liability. In doing this, a comprehensive analysis of the nature and scope of chancel repair liability has been performed and a determination regarding whether chancel repair liability is a proprietary right, within the parameters of this thesis, has been reached. In short, this thesis seeks to make chancel repair liability less elusive and uncertain.