Is this the end of Chancel Repair Liability?9.12.2013
Sadly no. The Church still has the right to register its interest in perpetuity except if a property has changed hands post 13 October 2013 for valuable consideration and the title has been registered.
Only when the land has changed ownership and the transaction registered at the Land Registry does the ability of the Church to register a notice cease.
However, someone receiving a property post 13 October 2013 by gift, transaction at undervalue, inheritance or on divorce could still find their property liable for Chancel Repair Liability (CRL) as none of these qualifies as “valuable consideration”.
The Church has been advising its Parochial Church Councils to register all liable properties by the 12 October 2013 to guarantee they are able to raise CRL, but that does not mean they cannot do so after this date.
Currently 25 out of 43 dioceses in England and Wales are known to be investigating potentially liable properties and actively registering.
CRL applies equally to commercial property as it does to residential.
Where a liability notice has already been registered, purchasers will inherit the liability, as it remains enforceable indefinitely against the owners and successors in title.
All is not lost. Your solicitor or conveyancer can effect cover if the liability is found to be a potential risk by means of an indemnity policy for a relatively modest cost.
For further details of how this will continue to affect your commercial or residential property, please contact myself, Paul Burbidge, Head of our Commercial Department, [email protected], or Alan Williams, Head of our Residential Department, [email protected]