News & Insights // Chancel Repair Liability News Update


The looming ‘deadline’ for Overriding Interests, and in particular Chancel Repair Liability, is provoking a lot of confusion in the conveyancing industry. To help shed some more light on this thorny topic, CLS has collated some informative chancel repair bulletins (which have been published by a variety of parties) that discuss how this law change will affect you and your clients.
 

Chancel Repair Liability – The End Of Costly Insurance Policies?(Waller, 2013)

For some years now, chancel repair liability has had a rather bad reputation, both with property solicitors, and with owners and buyers of land who on many occasions have to take out costly indemnity policies to protect themselves against the risk that they may be required to pay for the repair of the chancel of the parish church. However unlikely the risk may be, the somewhat notorious Wallbank1 case is not a situation which land owners want to find themselves in...

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Chancel Repair Liability Is Still a Worry When Buying a Home (Imhoff, 2013)

Homebuyers are frequently puzzled when their Conveyancing Solicitor recommends that a ‘chancel repair liability search’ is made. This is hardly surprising as few people know what chancel repair liability is or that some homeowners can be made to contribute to the cost of repairing a church...

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The End of Chancel Repair?(Wills, 2013)

A key date in the conveyancing diary is 13 October 2013. It is important because this is the date by which parochial church councils in England or the representative of the church in Wales must apply to the Land Registry for registration of a notice on the title of registered land or for a caution against unregistered land to put buyers on notice that chancel repair liability may exist in respect of the property…

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What You Need to Know About Chancel Repair Liability Now (Keene, 2013)

In two months’ time a law reform comes into effect which will give comfort to home and land owners worried by the ogre of Chancel Repair Liability, aka CRL - the idea that you might buy a house and, years later, find that, as its owner, you are liable to pay for repairs to the local parish church. It is another nail in the coffin of an ecclesiastical anachronism which is strangely still common in parts of Europe...

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Chancel Repair Liability – Misconception V Fact

The Land Registration Act 2002 has meant that overriding interests must be registered by midnight on 12th October 2013. However, because the liability only falls away at the point of first or next registration, there is in fact no deadline date when CRL stops. If the liability has already been registered it is an obligation that lasts in perpetuity – so the conveyancer still needs to check the title documents...

Click HERE to read some further misconceptions

References Used

Waller, K., 2013. Cripps Law. [Online]
Available at:
http://www.crippslaw.com/legal-updates/conveyancing-chancel-repair-liability
-the-end-of-costly-insurance-policies.pdf
[Accessed 30th August 2013]

Imhoff, L., 2013. Homeward Legal. [Online]
Available at: http://www.homewardlegal.co.uk/blog/chancel-repair-liability-still-worry-when-buying-home
[Accessed 7th August 2013]

Wills, T., 2013. The Lawyer. [Online]
Available at: http://www.thelawyer.com/Journals/2013/08/19/Sintons-The-End-of-Chancel-Repair-414812.pdf
[Accessed 19th August 2013]

Keene, E., 2013. Spear's Salon. [Online]
Available at: http://www.spearswms.com/spears-world/salon/legal-aide/49037/what-you-need-to-know-about-chancel-repair-liability-now.thtml
[Accessed 21st August 2013]