Q&As

A piece of registered land has been the subject of a number of transfers for value. When the land was unregistered, it was subject to chancel repair liability and a business lease of five years within the Landlord and Tenant Act 1954, neither of which were referred to on the title. What is the position at law in respect of a person claiming to have the benefit of either of these as an overriding interest?

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Published on LexisPSL on 09/07/2019

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A piece of registered land has been the subject of a number of transfers for value. When the land was unregistered, it was subject to chancel repair liability and a business lease of five years within the Landlord and Tenant Act 1954, neither of which were referred to on the title. What is the position at law in respect of a person claiming to have the benefit of either of these as an overriding interest?
  • Chancel repair liability
  • Business lease

This response deals with the situation where someone is claiming to have the benefit as an overriding interest of a business lease of five years and of chancel repair liability, both of which existed prior to the land being registered but neither of which was registered against the title, and considers whether they could be overriding interests.

Chancel repair liability

Chancel repair liability historically can be difficult to identify or establish as there is no central register which contains all of the liabilities (see Practice Note: Chancel repair liability). Previously, section 70(1)(c) of the Land Registration Act 1925 (LRA 1925) established that chancel

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