Land liability warning after farming couple ordered to pay church repairs

Farmers have been warned to check the liability of land they inherit or plan to buy after a sheep farmer was ordered to pay for repairs to a church which fell within inherited farmland.

At a High Court ruling this week, Welsh sheep farmers Andrew and Gail Wallbank were told to pay £219,688 for the upkeep of St John the Baptist Church in Aston Callow, near Stratford-upon-Avon, Warwickshire.

The ruling followed a 17-year legal wrangle after the couple discovered they were liable for the church’s repair costs under the 1932 Chancel Repairs Act.

The Wallbanks, of Carno, Powys, inherited Glee Farm in two stages in 1977 and 1986. Part of the inherited land included Clanacre field, which was classed as rectoral property and made the couple ‘lay rectors’ of the parish.

Test case

They successfully contested a first bill for £6000 in 1990, but the House of Lords later overruled the decision.

Yesterday the court ordered the couple to pay increased costs of £219,688 to fund some of the items on the church’s repair schedule.

Robert Swift, of solicitor Wilsons, said the ruling could have implications for farmers across the UK.

“This has been a test case, so other parishes will take action against those who are liable,” he said.

“If you already own the land with liability there’s not a lot you can do. But if you are buying the land or inheriting it, the obvious thing to do is check liability.”

Weigh up costs

If the land was found to be liable, people could take out insurance against the cost of repairs, or disclaim the property within two years if it was inherited, Mr Swift said.

“The property wasn’t forced upon the Wallbanks so they could have checked their liability and weighed up the costs and benefits of keeping the property.

“Now they are in a vicious circle: if the church falls into disrepair they will have to pay again, and now their chance of selling the property is slim.