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Could I still be liable for chancel repairs?

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The issue of chancel repair liability has hit the headlines again in recent weeks after it emerged the Land Registry has sent letters to more than 12,000 land and property owners who could be affected by the ancient law.

For example, it is reported that St Cuthbert’s Church in Lytham, Lancashire, has registered 5,725 addresses as being liable for chancel repair liability.

As we have explained fully in one of our previous blogs, chancel repair liability attaches to land requiring the owner to fund repairs to the chancel of a church.

The Land Registration Act 2002 phases out some overriding interests (including chancel repair liability) but it is a common misunderstanding that chancel repair liability therefore ceased to be enforceable on October 12 2013.

That is not the case if the beneficiary of the entitlement to chancel repairs has registered its interest at the Land Registry prior to first registration of the land affected or a transfer for valuable consideration of it. 

The liability for chancel repairs is only removed after this date where an affected property has been subject to first registration at the Land Registry or has been transferred for valuable consideration before the liability for chancel repairs has been protected by registration at the Land Registry.

Therefore, proprietors of unregistered land where the chancel liability has not been registered by the beneficiary should consider making an application for first registration. For others, insurance (which is usually a one off payment) for any potential liability could be an option to consider to provide peace of mind.

For more information on chancel repair liability, or any other property matter, contact Simon England on 01772 258321 or Simon.England@harrison-drury.com    


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