The end of chancel repair?
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.
It has been much talked about that if they fail to register by midnight on 12 October 2013 that liability is not enforceable against the current owner of the land. This is a misconception. They can continue to register after this date and they only lose the right to register this interest until a date after 13 October 2013 when the specific property is sold. That sale would therefore remove any potential liability for chancel repair in the absence of registration…
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