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Legal Research
The following specialist legal searches are available.
Chancel Repair
Liability
A recent House of Lords decision
has effectively re-established the Church of England's right
to enforce chancel repair liability, namely its ability to
charge the cost of repairing the chancel of a parish church
to residents or owners of property within the parish whose
property or land carries chancel repair liability.
The decision has underlined the importance of identifying
residual liability as part of the conveyancing process, given
the potential financial impact that such repair work could
have on a liable household. Identifying chancel repair liability
is complicated because there are numerous types of liability,
often based on obscure laws or ancient property transactions
that date to the medieval period, and are thus hard to identify.
However, one type chancel repair liability - that of tithe
rent charge specified under the 1936 Tithe Act - can be checked
in records deposited at The National Archives.
We will search the deposited records of ascertainment to ascertain
whether the land or property in question has residual chancel
repair liability, making copies of maps and supporting documentation
as part of the process. Additional checks are run to assess
the probability of other forms of liability with the parish,
though no definitive statement can be made without reference
to material deposited outside The National Archives. You will
receive all relevant photocopies, plus a report outlining
the sources consulted. The cost of this search is £125.
Please note - The
provision of a report and copies of all relevant material
are part of the research service, but the supply of such material
does not equate to a legal opinion on the results of the search
in question. In consequence Nick Barratt or SRA Research Agency
accepts no liability or consequence for any action or actions
taken by the commissioning person or body as a result of the
material found during the research.
With regard to chancel repairs searches, the search in question
covers the Records of Ascertainment in the public domain,
created under the terms of the 1936 Tithe Act to identify
outstanding tithe rent charge, and subsequently deposited
at the The National Archive. They do not deal with parishes
where tithe rent charge was never created, nor do they necessarily
cover the whole liability in a parish. Notable instances are
where all 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 rent charges;
where under an Enclosure Act lands were allotted in lieu of
tithes; and where the tithes (rather than the tithe rent charges)
were merged in land under the Tithe Acts. Similarly there
may be separate liability for rectorial glebe land that has
passed into lay hands, and the search within the records at
The National Archives does not cover such instances. You are
therefore strongly advised to check with the relevant authority
- in England this is the Diocesan Authority (which can be
obtained from Crockford's Clerical Directory), and for Wales
or Monmouth you should contact the Representative Body of
the Church in Wales, 39 Cathedral Road, Cardiff. This enquiry
can be undertaken on your behalf at an additional cost of
£50.
Change of name
A search for change of name by
deed poll enrolled in Chancery / High Court is available at
£30. The former / new names are required, plus the date of
the change of name (within three years either side). A search
can be made without a precise date, but takes longer and costs
£30 per hour (minimum two hours).
Photocopy of enrolled deed: £variable (usually £0.70 black
& white A3)
Certified copy: £21 + cost of
photocopy
Please note - the majority of changes
of name by deed poll were not enrolled due to the extra cost;
further advice should be sought from your local Citizens Advice
Bureau. A TNA leaflet on the subject is available.
Other legal searches are also available:
Rights of Way
There are numerous documents
and maps in The National Archives that can be used to identify
rights of way - for example the 1910 valuation office survey
is of particular use. A The National Archive leaflet explains
these documents in more detail, and searches start at £30
per hour (minimum two hours).
Records of Private Litigation
Disputes brought into the courts of
Chancery, Exchequer and Common Pleas, plus the medieval courts
of Star Chamber, Requests and Wards & Liveries, generated
documentation. These can be searched at The National Archives,
and you should where possible provide the following details:
the names of the litigants, or at least the plaintiff; date
of the case; name of the court in which it was heard. Research
starts at £30 per hour for cases brought to court after 1732,
and £40 for cases heard before that date; as this can be
a lengthy search you are advised to contact us to discuss
a research plan with fixed parameters.
Divorce Records
Indexes to divorce records 1858-1958
are in The National Archives, with corresponding case files.
Before 1858, there are a variety of records that can be searched.
If you require further information, The National Archives
leaflets are available on the subject. Research costs £30
per hour (minimum two hours).
Disclaimer for legal research
The researcher will provide a report and
copies of all relevant material as part of the research service,
but the supply of such material does not equate to the researcher
offering a legal opinion on the results of the search in question.
In consequence the researcher accepts no liability or consequence
for any action or actions taken by the commissioning person
or body as a result of the material found during the research.
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