chancel repair liabilities

<p>Changes in Chancel Repair searches 2013.</p> <p>For historical reasons, certain properties in certain parishes could be under an obligation to pay the cost of repairing the chancel of the parish church in England and Wales.  Approximately 5,300 parishes could be affected by chancel repair liability as estimated by The Land Registry.</p> <p>Parishes where such liability might occur are those with a medieval church with a vicar, however properties may be liable even if they are some distance from the church.</p> <p>The obligation is an overriding interest under the Land Registration Act 1925, but will cease to override from 13 October 2013.  However chancel liability will not be totally abolished. After this date, a buyer will be liable for chancel repairs only if the liability has been protected by an entry on the registered title or a caution against first registration, or the liability is referred to in the title deeds.</p> <p>Furthermore, the law will continue to affect purchase of land prior to 13 October 2013 because until it is sold the right will not have been protected by notice in the register and if a notice has already been registered, the land will permanently be bound.</p> <p>The right to demand payment can be covered by registering a caution against first registration which can be done before 13 October 2013 and even after 12 October 2013, but only if there has not been a change in ownership since 12 October 2013.</p> <p>The risks of not carrying out Chancel Repair searches are extremely high. At Douglas Wemyss solicitors, we offer quality advice on whether the liability is likely to be a problem in any transaction.  Call today on (0116) 2999199</p> <p> </p>