Which Search do I want?
There are different stages of search
STAGE ONE - RENTCHARGE SEARCH
This is for chancel repair liability arising from rentcharge. It is the most commonly occurring form of liability and probably the easiest to identify.
This search is restricted to examining records formerly kept by the Inland Revenue. If there is any liability in the parish we will provide a list of tithe numbers. You will then need to refer to the 19th century tithe map to see the pieces of land to which the tithe numbers refer. You may have the map in the church or you can look at it in the County Records Office or we can obtain a copy for you at an additional charge to be agreed.
Obviously the land use may have changed since the 19th century but you should be able to identify the land with the liability using local knowledge and possibly also discover the current owners.
To undertake a rentcharge search we require:
1. Your written instruction and undertaking to settle our fees on the instruction form below. Our fee is £55.00 + vat + disbursements (which are not possible to quantify in advance but which we would normally expect to be no more than £20.00).
2. The name of the ancient parish as it was known before 1836. (This is important as it will not always accord with the modern name)
STAGE TWO - FULL SEARCH
Unfortunately, the matter does not end there. Just because our research identifies certain lands where rentcharge arises, it does not mean that other land in the same parish is not subject to liability from other sources. Equally, if our research confirms that there is no liability from rentcharge within the parish, liability from other sources can still arise.
Enclosure awards, private Acts of Parliament, corn rents and mergers into land of uncommuted tithes, are all other sources of liability.
This search is designed to identify other sources of liability. We will provide a copy of the relevant Tithe Apportionment (in lieu of tithes) and Altered Apportionments. We will identify the rectors and impropriators of the parish, mergers of un-commuted tithes and will also consider the relevance of Enclosure Acts and identify where the corresponding Award map can be examined. If there is no Tithe Apportionment, we will explain the reason and the relevance to chancel liability.
Again you will need to refer to the tithe map to identify the land subject to the liability and then use local knowledge to identify the current owners.
To undertake a Full Search we require:
1. Your written instruction and undertaking to settle our fees on the instruction form below.
If you have already instructed us to undertake a rentcharge search our fee is £75 + vat + disbursements (which are not possible to quantify in advance but which we would normally expect to be between £20 and £70).
If you have not already instructed us to undertake the rentcharge search, then our fee is £130 + vat + disbursements (which are not possible to quantify in advance but which we would normally expect to be between £40 and £110).
2. The name of the ancient parish as it was known before 1836. (This is important as it will not always accord with the modern name).
STAGE 3 - SPECIFIC SEARCH
You may have reason to suspect that a particular address or particular land within the parish is liable for chancel repair. The PCC may already have evidence or you may have found evidence in the County Records Office.
Our specific search is restricted to searching for chancel repair liability arising from a specific address, area of land, buildings or estate. Importantly, our search is probably unique in that it is designed to establish if there is liability arising from all the sources of liability; rentcharge, enclosure awards, private Acts of Parliament, corn rents and mergers into land of uncommuted tithes, which can give rise to liability for the whole cost of the chancel repairs.
To undertake a full search we require:
1. Your written instruction and undertaking to settle our fees on the instruction form below. Our fee is £45.00 per hour + vat + disbursements and will depend on the size of the land to be searched. Typically, 2-4 hours is required for a particular dwelling or modest piece of land. Disbursements are not possible to quantify in advance but we would normally expect to be between £20 and £30.00.
2. The full address or description of the land together with post code.
3. The Land Registry plan (or similar if un-registered) clearly identifying the subject land or address.
4. The name of the ancient parish as it was known before 1836. (This is very important as it will often not accord with the modern name)
5. Any supporting documentation the PCC holds that suggests that liability exists may be useful.
Click here for Instruction form