Q&As

A title document contains a statement that the owner shall ‘bear their share of the cost of a formal apportionment of the tithe rent charge affecting the land and the adjoining land of the Vendors’. Is this provision enforceable against the owner of the property?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 30/04/2018

The following Property Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A title document contains a statement that the owner shall ‘bear their share of the cost of a formal apportionment of the tithe rent charge affecting the land and the adjoining land of the Vendors’. Is this provision enforceable against the owner of the property?

The custom of paying tithes for the upkeep of a parish is ancient and dates back to Saxon times. In 1836, the Tithe Act 1836 substituted for the payment of tithes a rentcharge on land which varied on an annual basis based upon the price of corn. It was in effect an index-linked local tax.

The payment of tithes was regulated by a number of subsequent statutes until, in 1936 the Tithe Act 1936 (TA 1936) abolished the rentcharges linked to tithes. Compensation was payable as a result. The short answer therefore is that a tithe rentcharge is not enforceable.

However, the longer answer is that there may nevertheless still be some liability as a result of t

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