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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 £25. 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 £25 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 £25 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 £25 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 £25 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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