1. Why use this guide?
Use this guide to find out if you are liable to pay for chancel repairs from records held by The National Archives.
Trying to establish a chancel repair liability is not straightforward as there is no central register for records held at The National Archives or elsewhere.
You are strongly advised to check deeds or contact the Land Registry for information about current land owners.
2. Essential information
There are some chancel repair liabilities records held by The National Archives available to view online.
The step by step guide on how to find a chancel repair liability included here covers only records held at The National Archives.
2.1 What is a chancel repair liability?
A chancel repair liability allows the parochial church council to require owners of land once owned by the church to meet the cost of repairing the church chancel.
The owner of any property in England or Wales may be liable to pay the local parish church for chancel repairs.
2.2 What are the main sources at The National Archives?
The major records are the records of ascertainment and tithe maps.
The ascertainments in IR 104 will show the likelihood of liability of a given property or land as well as the amount payable in respect of each liable property or land.
If the tithe map in IR 30 survives, it can be used to confirm if there is chancel repair liability for land or a property.
You may have to look at several sources at The National Archives before you can determine if there is a record of a chancel repair liability.
2.3 Before you start a search at The National Archives
Before you start a search you need to know the name of the Church of England or Church of Wales parish in which the property is situated in 1836.
If you are unsure about the ecclesiastical parish name in which the property is located, contact the church authorities or local council.
Alternatively, consult either:
- the county diagrams (1 inch Ordnance Survey maps) available at The National Archives
- Phillmore's Atlas of Parish Registers by Cecil R Humphreys-Smith (Phillmore, 2003)
- IR 105, which show the boundaries of ecclesiastical parishes or IR 90, which show the boundaries of tithe districts at The National Archives
Search the catalogue by parish name within IR 105 and IR 90 to identify the following document references to view at The National Archives.
3. How to find a chancel repair liability
Step 1: Looking at the indexes to the records of ascertainment
The records of ascertainment will show the likelihood of liability of a given property or land.
You will be able to determine the likelihood of a chancel repair liability by looking at the indexes IR 104/107-108 which are available on open access at The National Archives. The indexes will tell you whether there is a record of ascertainment for the parish.
If the name of the parish is annotated with the following abbreviations it means that there is now no liability for chancel repairs on properties in that parish:
- D/N
- R/AN
- R/AN (Cty)
There is no need to proceed further with a search.
If the name of the parish is annotated with the following abbreviations it means that there is a record of ascertainment:
- R/A
- R/A (L)
- R/A (SA)
Proceed to Step 2.
Step 2: Finding the records of ascertainment in IR 104
Search the catalogue by parish to identify a full document reference in IR 104 for a record of ascertainment. Some of these records are available to view online.
They are arranged by county and if the county is large, by parish name within county. The catalogue should supply you with a full document reference, for example IR 104/27.
What to look for in the records of ascertainment
Once you have obtained the records, look for plot number(s) in the schedule which relate to the property or land you are investigating. These numbers correspond with the apportionment number on the tithe maps.
Look at section 'What do the records of acertainments show' for more information about what the records might tell you.
Step 3: Locating a tithe map in IR 30
The tithe map can be used to confirm if there is chancel repair liability for land or a property.
Check if there is a tithe maps in IR 30 for the parish you are researching. To do this, search the catalogue by parish name and IR 30.
It is not always easy to relate the position of properties as they now are to the tithe map. It should be possible to pinpoint the sites of the liable properties on the tithe map except for very urbanised areas.
Note down the plot number(s) of which the property or land you are investigating.
Identifying liability in the records
The numbers in the second column normally refer to tithe plot numbers on the original tithe map. Now compare the plot number(s) on the tithe map with the list of liable plot numbers in the record of ascertainment.
If none of the plot numbers on the map match up with the record of ascertainment, it means that there is no liability on the property in this record.
It is possible to identify the amount payable on the schedules to the records of ascertainment. It can be difficult to interpret this as the descriptions are over a hundred years old.
Unable to locate a record in IR 30?
As boundaries have changed over time, check for tithe maps in IR 30 for neighbouring parishes.
If you are still can't locate a record, consult IR 90, the tithe district record maps or IR 29, the altered apportionments. The record may plot numbers which are not on the tithe map in IR 30.
4. What does a record of ascertainments show?
A typical first page of a record of ascertainments gives the following information (the example below is taken from IR 104/28).
| County: | HERTFORD | |||
| Chancel: | ST MARY, WATFORD | |||
| 1. | The apportionable amount of rentcharge liability (ie the residue of the rentcharges to which the liability originally attached) is | £856 | s. 4 |
d 11 |
| 2. | That residue consists of: | |||
| (a) Rentcharges in respect of which stock was to be issued under the Tithe Act 1936 and which were not vested in any of the corporations or bodies mentioned in (b) below | 671 | 15 | 10 | |
| (b) Rentcharges in respect of which stock was to be issued issued under the Tithe Act 1936 but which were vested in certain corporations or bodies (specified in the proviso to section 31(2) of the Tithe Act 1936) | NIL | |||
| (c) Rentcharges specified in the First Schedule to the Record of Ascertainments (these were rentcharges owned by the landowner, as described in section 21 of the Tithe Act 1936) | NIL | |||
| (d) Rentcharges specified in the Second Schedule to the Record of Ascertainments (these were rentcharges merged or extinguished under the Tithe Acts 1836-1925 in the land to which section 1 of the Tithe Act 1839 applied) | 184 | 9 | 1 | |
| £856 | 4 | 11 |
If there is an amount payable against the following paragraphs:
- 2(c) or 2(d) or both 2(c) and 2(d) then there is liability for the repair of the chancel
- 2(a) only then there is no liability to pay for chancel repairs
- 2(b) only and one body is named then the body is responsibility for the whole liability
- 2(b) plus 2(c) or 2(d) or both 2(c) and 2(d) then a calculation needs to be made in order to determine the partial amount payment for chancel repair
5. Can't find a chancel repair liability?
5.1 Note on survival of record(s)
If you do not find a record, this does not mean you are not liable to pay for chancel repairs for the property or land concerned. It may mean that no records of ascertainment or tithe maps which show liability survive at The National Archives.
5.2 Other sources for liabilities
The records of ascertainments in IR 104 deal solely with the liability, if any, which are attached to the ownership of the tithe rentcharge.
The records do not deal with parishes where tithe rentcharge was never created, nor do they necessarily cover the whole liability in a parish.
Further records for a few parishes which indicate chancel repair liability from 1847 until 1920 are in IR 97.
Examples of situations where liability may exist but is not documented in the record of ascertainments are:
- where all the tithes in a parish were converted into corn rents
- where the tithes in part of a parish were converted into corn rents and the rest were commuted into tithe rentcharges
For rentcharges consult:
- TITH 3 for mergers of tithes and rentcharges
- IR110 for owners and last payments (1936)
- IR 102 and MAF 22 for certificates of redemption by annuity
For corn rents consult:
6. Background information
6.1 Tithe Commutation Act 1836
The Tithe Commutation Act 1836 meant that it was necessary to establish liability for chancel repairs that had previously been attached to the ownership of rectorial tithe rentcharge. Therefore in order to find out whether you are liable to pay for chancel maintenance due to the ownership of a property or land, you would need to check for records dated 1836 onwards.
6.2 Land Registration Act 2002
The Land Registration Act 2002 states that from 13 October 2013, new owners of land will only be bound by chancel repair liability if it is entered in the land register.
6.3 Where liability has ceased
In all counties in England, and some in Wales, there are cases where the record of ascertainments is to the effect that all liability has ceased to exist. County declarations in IR 104/102-106 show where there were no rentcharge liabilities.
6.4 Chancel repairs liabilities for Wales and Monmouth
Liability for chancel repairs for property or land in Wales is payable to the Church of Wales rather than individual parochial churches.
7. Glossary of terms
| Term | Definition |
|---|---|
| Chancel | Area where the altar is located within a church building |
| Commuted | Serve as a substitute |
| Corn rent | Money payment instead of tithes |
| Rentcharge | Amount paid in rent instead of tithes |
| Rectorial tithe rentcharge | Amount paid to the Church instead of tithes |
| Tithe rentcharge | Amount paid in rent instead of produce from land |
| Tithe | A proportion of the produce from land |
8. Further reading
Some or all of the publications below may be available to buy from The National Archives' bookshop. Alternatively, search The National Archives' library catalogue to see what is available to consult at Kew.
Read Chancel Repair Liability by James Derriman (Barry Rose Law Publishers Ltd. 2005) for other sources of chancel repair liability, more background information and how to calculate chancel repair liability.
