Adrian and Gail Wallbank received a bill for the repair of the 13th-century St John the Baptist Church at Aston Cantlow in Warwickshire. After 18 years of legal proceedings, they lost their case and were left with the bill, plus £250,000 in legal costs.
The Wallbanks were informed that a medieval legal obligation, dating back to Tudor times, was still applicable. Historically, the responsibility for the repair of the church chancel (the area around the altar) fell on the rector of the church who would also benefit from tithes and other income received from land belonging to the church. Since the dissolution of the monasteries this land has been divided up and sold to individuals; much of it has been developed for housing. However, the obligation, known as Chancel Repair Liability (CRL), remains and requires landowners to fund the upkeep of the chancel if their land was once owned by the church.
The Wallbanks' case began in the 1990s, and the law was altered in 2013 in an attempt to clarify which land is affected by CRL. However, the situation remains unclear, and many feel the 2013 changes did not go far enough.
The Land Registration Act 2002 intended that CRL would not bind land which has changed hands since 2013 unless it is explicitly noted on the title register. However, many transactions involve land which has been in the same ownership since before 2013, leaving owners at risk of a CRL notice. Questions persist about the liability's legal status and whether homeowners are bound despite the 2002 Act. Millions are spent annually by wary purchasers on CRL searches and insurance.
The 2002 Act only applies to registered land. Purchasers of unregistered land may still find themselves bound by unexpected and undiscoverable CRL.
The Law Commission has launched a consultation on further CRL reform, closing on 15 November 2025. It believes the money spent on CRL searches and insurance is due to uncertainty, which new legislation could resolve. The Commission proposes to save homeowners millions in insurance costs by:
Clarifying that a buyer of registered land will only be bound by CRL if noted on the title at HM Land Registry.
Clarifying the effect of the first registration of unregistered land on CRL and ending uncertainty around land registration's impact on CRL.
Recommending that amendments apply retrospectively to all transactions since October 2013.
Despite the 2013 law reform affecting farms and estates, uncertainty remains about whether properties are subject to liability. If a risk is perceived, people often take out indemnity policies, which come at a cost. If the Law Commission can recommend clarity on CRL issues, it could save money and speed up land transactions.
If you would like to respond to the consultation, you can do so online.