Historic rights such as rentcharges and tithes might sound like relics of the past, but they still appear on many property titles across England and Wales. Left unaddressed, they can delay sales, complicate developments and create unexpected costs.

At Ellisons, our Commercial Property team regularly helps clients identify and resolve these historic title issues so that transactions progress smoothly.

What Are Rentcharges and Why Do They Matter?

A rentcharge is an annual payment attached to freehold land. It is payable by the landowner to another person who has no other legal interest in that land.

Rentcharges are not the same as rent paid under a lease. They are a separate legal interest in land, originally designed to provide a continuing income to a previous landowner after selling the land.

The Rentcharges Act 1977 abolished the creation of new rentcharges but those already in existence remain enforceable until they are redeemed or extinguished. Under current legislation, every rentcharge will automatically end 60 years after the later of:

  • 22 July 1977, or
  • the date the rentcharge first became payable.

How Rentcharges Can Be Ended

There are several routes to bring a rentcharge to an end:

  • Deed of release: the rentcharge owner can formally release the charge by deed. The landowner can then apply to HM Land Registry to remove the entry from the title.
  • Redemption: a property owner can apply to the Secretary of State for a statutory certificate of redemption. The Rentcharges Unit at the Ministry of Housing will confirm the redemption sum, issue a certificate once paid, and the notice can then be removed from the title.
  • Merger: if the same person owns both the rentcharge and the affected land, the two interests merge and the rentcharge is automatically extinguished.
  • Adverse possession: if the rentcharge owner is unknown and no payments have been demanded for at least ten years, an application may be made to HM Land Registry to have it expressed as determined. This area of law is complex, particularly following amendments to the Limitation Act 1980, and legal advice is strongly recommended before proceeding.

Tithes and Their Legacy

Tithes are an earlier form of rentcharge that date back centuries. Traditionally, they were payments of one-tenth of agricultural produce or income to support the local parish church.

The Tithe Commutation Act 1836 replaced produce-based tithes with fixed monetary payments, known as tithe rentcharges. These were later abolished by the Tithe Act 1936, replaced by Tithe Redemption Annuities that continued for 60 years before finally being extinguished under the Finance Act 1977.

Although no tithe payments are now due, historic references to tithes can still appear in deeds or on Land Registry titles.

Why These Historic Rights Still Matter

Even where rentcharges or tithes no longer carry a financial obligation, they can still:

  • cause delays in sales or purchases,
  • create uncertainty for developers and buyers,
  • affect mortgage approvals, or
  • require formal redemption or clarification before completion.

For anyone owning, selling or developing land — especially older rural or agricultural property — it is important to check for references to rentcharges or tithes early in the process.

How Ellisons Can Help

Our Commercial Property team advises landowners, developers and buyers on historic title issues including rentcharges, tithes, restrictive covenants and other complex or historic rights affecting land.

We can help you confirm whether a rentcharge or tithe affects your property, identify the best route to remove or redeem it, and ensure your title is clear for sale, purchase or development.

If you believe your property may be affected by a rentcharge or tithe entry, or you are planning a sale or development, contact our Commercial Conveyancing team for clear, practical advice.