From October 13 last year, the right to demand payment for chancel repairs will have to be registered against the property by way of notice or caution at the Land Registry. This applies equally to commercial property as it does for residential.

The chancel repair liability is a financial liability imposed on landowners for the purpose of providing the funds to repair parts of the parish church and was part of medieval law dating back to 855 AD – hence these liabilities are not always recorded in property deeds.

The repair liability attaches to the land and after the Land Registration Act 2002 is an overriding interest and binds any person who acquires an interest in the land.

As a tenant in a property it is highly likely that any chancel liability will be passed on under the terms of the lease.

Simply, if you have an interest in the property you may be liable and it can be expensive with one couple being liable for nearly £500,000.

The new system introduced on October 13 last year changed the chancel repair liability from being an overriding interest. However, this does not mean that liability has come to an end and many landowners may find that they still have chancel repair liability particularly, if as current freeholder, you owned the land pre-October 13, 2013.

A church can still rely on the right of the chancel repair liabilities existence, but if the land is sold after October 13 you will only be bound if the right to demand payment for chancel repairs has been noted on the title.

Of equal interest is what this new systems means for unregistered land – of which we have a proportion in Kirklees. The chancel repair liability right will continue to bind the owner of unregistered land before and after October 13, 2013, until the land is sold. This also applies if you are left land in a Will or are gifted land.

Chancel repair liability can be expensive and as CIL allows for more property to be converted to commercial premises chancel repair liability should be a point covered in developments and explained to beneficiaries for gifts or inheritances.

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