The liability of landowners for repairs to certain Church of England churches should no longer be "joint and several", which means that one landowner may have to pay not only his own liability but that of others as well.  The effect of a 2003 Order may prevent the landowner who pays being able to recover contributions from others who should pay.  That may have been unintentional, but it is certainly unjust.

The answer is to legislate to apportion liability between those responsible, stating simply that it should be divided as is fair and reasonable in each case (or as agreed).

Why is this idea important?

Clearly, leaving a landowner who has to pay with a greater bill than he should have had is unfair. That burden, once known, will reduce the value of the payer's property.  In an extreme case, it could make it unmarketable.  Taking precautions against the liability (by legal searches and insurance) adds unproductively to the cost and the delay of house purchase.

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