What is the current legal position?

Following the Land Registration Act 2002 which came into force on 13th 0ctober 2003, there is a requirement that all chancel repair liabilities must be registered by the Parochial Church Councils (PCCs) before the 13 October 2013 to be enforceable. This means the liability will only bind new owners of registered land if it is protected by an entry in the land register. Until then chancel repair liability will remain an interest that binds successive owners of a property even though it is not protected by an entry in a register kept by the Land Registry.

If the church fails to register by 2013 they will lose the right to enforce chancel repair liabilities against the owners of the land. However failure to register will only mean that the new purchasers will take the land free from the liability, current owners will remain liable unless and until the land is sold.

There is no fee chargeable by HM Land Registry for the Parochial Church Council to register the interest. Notice of the Parochial Church Council’s application will be given to the present owner of the land affected, and it may then be necessary to determine whether there is sufficient evidence that the liability affects the land, and what other landowners are subject to the liability.


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