The road to buying a house can sometimes feel endless – and along the way, people stop you to say that there's yet another thing you need to think about.

Some of these might elicit a sigh, but ultimately seem reasonable enough. But then a man in Tudor garb approaches and tells you about something called "chancel repair liability".

This is part of the conveyancing search that dates back to the time of Henry VIII – but which has yet to go the way of ruffs, galleons and witch trials.

It all boils down to ancient laws regarding land. Under Henry's rule, properties located within the boundaries of a church were liable to help pay for the church's upkeep.

It was a little like a kind of Renaissance council tax. A homeowner – known as a "lay rector" – would have to chip in if a slate fell off the roof or a window got smashed. Most critically, they had to help keep the chancel – the part of the church where the altar sits – secure against wind and rain.

There are around 10,000 parishes in England and Wales. About half of them are subject to this ancient law.

Most churches will raise funds for repairs rather than do a whip-round of local homeowners. But there are still situations where people find themselves staring in disbelief at an eye-watering bill.

This "medieval madness" – in the words of one person affected – can cause untold stress. There are rare circumstances where it can come to haunt you. But for most homeowners, chancel repair searches and chancel repair insurance combine to make it a non-issue.

What is a chancel repair search?

When you buy a house, lenders will require you to carry out searches on the new property. One of these is a chancel repair search.

This is where your conveyancer searches parish archives and Land Registry records to see if the property could be liable for payments.

While regulations changed in 2013 to say that church councils had to register liability or lose protection, the law is still alive and kicking.

If the search turns up nothing, great – you don't have to pay a penny. But if the property is in a CRL area, you should look into getting chancel liability insurance to cover against future claims.

How much does the insurance cost?

Chancel liability insurance differs from other types in that it's a one-off payment.

There are two kinds. The first is where you haven't had a search carried out – you don't know if you're liable, but are protecting yourself against claims either way. This usually costs around £20.

Then there's insurance when you know that you could be liable. This is about twice the price – but still far, far less than any payment that could be exacted.

The duration of this insurance cover changes from policy to policy, so it's important to study the small print.

Some policies last 25 years. Some last for however long you own the property. Some last forever, even if the property changes hands.

A conveyancing search and insurance, if necessary, guard against most claims. Exceptions are rare – but they do exist.

The sharp end of chancel repair liability

In 2008, Adrian and Gail Wallbank were forced to sell Glebe Farm. They had inherited the property and, in their words, "had been told about some ancient law regarding chancel repair liability but were assured it was a dead law which wouldn't affect us".

They then received a £230,000 repair bill for St John the Baptist church in Warwickshire. The reason? The historical occasion of the church giving some of its land to the farmers.

Unfortunately for the couple, the House of Lords ruled in the church's favour. This was the devastating conclusion to an 18-year legal battle.

The money they received from the sale of the farm had to pay for repairs, exemption from liability and legal fees.

This is a nightmare scenario for property owners – but from what we can tell, it was caused because the couple were misinformed. If they had known that a claim was possible, they could have taken out insurance and saved a huge amount of money.

Compare this to the story of Helen Bailey. She was one of five homeowners in Edingale, Staffordshire who were affected by chancel repair liability. She won her court case, and both parties agreed to a buy-out of £45.

A similar thing happened in Norfolk in 2013. The parish council issued claims but said that homeowners could be exempted for £50.

While it's rare for claims to be made, these stories demonstrate how important it is to arrange a chancel repair search and to get insurance cover if appropriate.

Is the law likely to change?

At this point you might be wondering why on earth this law still exists – or if it does have to exist, why people can be stung by it out of the blue.

While the Cameron-Clegg coalition government rejected calls for reform in 2012, the Law Commission is on the case. Or it will be, once it starts its project.

This will take the form of recommendations to the government to close the chancel repair "loophole", as it describes it, and to save homeowners from having to fork out for insurance.

The Law Commission is expected to recommend that CRL is visible to the buyer by law. This would put an end to surprise claims and mean that buyers would no longer have to pay for chancel repair searches.

Are you buying a property?

Most properties aren't affected by chancel repair liability – and those that fall under it can be protected against claims by taking out insurance.

The problem arises when buyers don't undertake a chancel repair search or don't take out the appropriate insurance.

So if you're buying a house, make sure you get your search done and take action if necessary. It's simply not worth the headache if you don't.

At Milners, we have teams of accredited and experienced conveyancing solicitors in Leeds, Harrogate and Pontefract. Whether you're buying or selling, feel free to get in touch for a no-obligation consultation.