Changes to protect landowners and buyers, were made to the Chancel Repair Liability regime from 13 October 2013. From this date, chancel repair liability is no longer seen as an “overriding interest” on a Land Registry title.
Chancel repair liability is a liability on some property owners in England and Wales to fund repairs to the chancel of their local Anglican parish church.
The legislation required, that in order for properties to be bound by such charges, that a “Notice” was registered over the property at the Land Registry or a “caution against first registration” (where a property has not yet been registered with the Land Registry). Regulation will allow the Parochial Church Councils (PCC) to enforce the liability against future owners of the property concerned.
It is believed that the PCC conducted reviews of its parish and have registered liability where necessary. A property owner would have been notified of such a registration and any subsequent owner would need to obtain Official Copies of the Land Registry title to ensure that such a notice has not been registered.