Chancel repair liability originated in ancient medieval law on people living in a parish on church land. They were obliged to contribute to the upkeep of the Chancel (the space around the altar).
Conveyancing Partner David Walton says ”Since 2003 it is now standard conveyancing practice to undertake a Chancel repair check when purchasing a property as the liability is what is known as an ‘overriding interest’. This liability binds a purchaser of land even though the right is not noted on the registered title to the land or in the title deeds of an unregistered property. Chancel repair liability is still enforceable whether or not property owners are aware of its existence.”
From midnight on 12th October 2013 all this is due to change and the current overriding Chancel repair obligation will not bind a purchaser of land if the right to demand the Chancel Repairs has not been:
- noted on the registered title to a property at the the Land registry or
- if there is no caution against first registration of an unregistered property
Parochial Church Councils (PCC’s) in England and the Representative Body of the Church of Wales are responsible for the enforcement of a Chancel liability against a landowner. To protect its’ right to recover payment for Chancel repairs they must apply to the Land Registry and register a Notice against the registered title to a property, or, if the property is unregistered they may enter a Caution against first registration. Any purchaser buying a property after 13th October this year will then be aware of the Chancel Repair Liability before they buy. After this date a purchaser of property will not be liable for the repair liability if the right has not been formally noted against the property.
Having said this, the liability only falls away at the point of first or next registration. The Church still has the right to register the interest in perpetuity if a property has not changed hands post 13th October 2013 for valuable consideration and the title has been registered.
If the property/land is unregistered, then the PCC have until first registration of the land in which to register their interest.
In summary the PCC, still have until the point of first or next registration for valuation consideration to register a notice against a property, even after 12th October 2013.
For a free initial chat, please call 01202 499255 and David or a member of his team will be happy to discuss any questions that you may have.
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