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.
You can register online to begin using ChancelNSR,
or for more information contact us here
