A couple who fell foul of an old law applying to their property are faced with a bill for building repairs plus legal costs amounting to an estimated total of £400,000, following a reverse in the House of Lords.
Andrew and Gail Wallbank, of Carno in Powys, are the owners of Glebe Farm in Warwickshire. The farmland includes a field which is classified under ecclesiastical law as 'rectorial property' and makes the couple 'lay rectors' of the parish. Unfortunately for the Wallbanks, under the Chancel Repairs Act 1932 (which itself is based on ancient law) their ownership of the rectorial property renders them responsible for the cost of repairs to their village church, St John the Baptist Church of Aston Cantlow.
The Wallbanks took their case all the way to the House of Lords, arguing that their liability was limited to keeping the chancel of the church wind-tight and watertight, not providing the 'Rolls-Royce job' sought by the church authorities. A previous appeal to the Lords, based on the argument that the demand was an infringement of their Human Rights, had already been turned down. Regrettably for them, the House of Lords again rejected their arguments. They had been victorious in the Court of Appeal, which held that their liability was a form of taxation which was unfair and arbitrary. That decision was appealed by the church authorities.
The cost of the repairs to the church for which they are responsible amounts to approximately £200,000 and the Wallbanks are responsible for both their and the church authorities' costs, which could double the total bill.
"This case shows how important it is to make all the necessary searches when buying property and to obtain a clear understanding of liabilities which may attach to ownership of particular pieces of land," says Richard Holland.
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