The liability of the lay impropriator to pay the cost of repairing the chancel has been part of ecclesiastical law for many centuries. It rests on the maxim, which has long been recognised, that he who has the profits of the benefice should bear the burden. The burden is imposed for the benefit of the parishioners. The liability to repair the chancel is not a charge on the rectorial property, but a personal liability imposed on the owner or owners for the time being of the rectorial property. If there is more than one owner, each is severally liable.
Judges:
Wynn-Parry J
Citations:
[1955] 1 Ch 585
Cited by:
Cited – Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
Parish Councils are Hybrid Public Authorities
The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .
Lists of cited by and citing cases may be incomplete.
Ecclesiastical, Land
Updated: 12 May 2022; Ref: scu.184041