Q&As

Where no liability for chancel repair is registered against the title to registered property and the property is purchased and registered in the buyer’s name, is it correct to assume that it is no longer possible for chancel repair liability to attach to the property or purchaser, such that, by example, if a property is developed, residential plot purchasers need not be concerned or require chancel repair liability insurance?

read titleRead full title
Published on LexisPSL on 02/09/2016

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

  • Where no liability for chancel repair is registered against the title to registered property and the property is purchased and registered in the buyer’s name, is it correct to assume that it is no longer possible for chancel repair liability to attach to the property or purchaser, such that, by example, if a property is developed, residential plot purchasers need not be concerned or require chancel repair liability insurance?

Where no liability for chancel repair is registered against the title to registered property and the property is purchased and registered in the buyer’s name, is it correct to assume that it is no longer possible for chancel repair liability to attach to the property or purchaser, such that, by example, if a property is developed, residential plot purchasers need not be concerned or require chancel repair liability insurance?

As identified in Practice Note: Chancel repair liability, under the Land Registration Act 1925, chancel repair liability was classified as an overriding interest in registered land (ie it is protected without being registered) until 13 October 2013. An interest does not cease to exist, but if it was not registered prior to 13 October 2013, it ceased to be overriding and a purchaser of registered land buying after that date will acquire free of it.

However, as the Church of England retains its right to register its interest after 13

Popular documents