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: 30 April 2018
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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

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Apportionment definition
What does Apportionment mean?

The division of the cost of any contaminated land remediation action between two or more appropriate persons, after any exclusions have been applied.

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