Parochial Church Councils which can prove they are entitled to demand chancel repair contributions from the owner of a property can still apply for the liability to be noted on the title in order to bind successors. Although the liability needed to be registered by this date with the Land Registry, CRL is still enforceable in certain circumstances where the liability has not been registered e.g. Centuries ago, repairs to the chancel were the responsibility of the rector, to be paid for from his tithes; a local tax attaching to land and payable annually to him. If land which carries a liability to contribute to chancel repairs is sold after that date, the chancel repair liability will be extinguished unless a notice has been registered on the title of the land at the Land Registry to indicate that the land is subject to chancel repair liability. The Land Registry official copies would show if any liability exists or if there is a pending application from the Church Commissioners. Some houses (and flats) stand on land that is still subject to a perpetual liability to contribute towards the cost of repairs to the chancel of the parish church. Chancel Repair liability being seen by the Land Registry as an interest in land, and section 28 is subject to section 29 which as we saw above refers to the postponing of chancel repair liability only in favour of a transfer “made for valuable consideration”. The Land Registration Act 2002 has meant that overriding interests must be registered by midnight on 12th October 2013. For registered land, where a notice has not been entered, liability for chancel repair will continue and PCCs may still apply for a notice to register chancel repair liability until the first transaction for value after 13 October 2013. Chancel repair liability is enforceable whether the property owners are aware of liability or not. After 12th October 2013, if no entry relating to liability for chancel repair has been made in the title of a property, a purchaser will not be subject to it. Under chancel repair liability, 25 homeowners living within the parish of St Mary's Church in Stottesdon, Shropshire, were liable for some of the costs of repairs. Since 13 th October 2013, The Land Registration Act 2002 has stated that new owners of land will only be bound by chancel repair liability if it is entered into the land register by the PCC (Ref 2). The Land Registry may require evidence to be produced to show how the liability to pay for chancel repairs has arisen and how it has devolved onto the land in question, and it may be expensive and time consuming to establish this. If so, look at the minutes of the PCC from that time. 5 How does chancel repair liability affect leasehold land, and land used as a highway? This puts the onus on Parochial Church Councils to identify all affected land and register their interest before that date (no fee is charged). Since 13th October 2013, The Land Registration Act 2002 has stated that new owners of land will only be bound by chancel repair liability if it is entered into the land register by the parochial church council. This seems simple, but …. After that period, the liability will only be binding on a purchaser of land registered at the Land Registry if the liability is referred to in the Register. Additionally, until the 12 th October 2013, the Land Registry will not charge a fee to protect one of these interests. The law on chancel repair liability is an ancient interest derived from when the rector of the church could fund repairs to the chancel, i.e. Sometimes liability for chancel repair is clearly evident from title deeds. When Henry Vlll sold the monasteries’ land, the liability to pay for the repair of the chancel remained with the land sold. However Chancel Repair Liability remains and Legislation has given the Parochial Church Councils an opportunity to register their entitlement against the land, which if successfully registered at the Land Registry before 13 th October 2013, will be conclusive as binding the land … If the property is identified at risk and there has been no prior claims, the risk still exists against any future homeowners and any unlimited amount could be requested. The number of chancel repair liabilities registered each year since 2002. The Land Registration Act 2002 (Transitional Provisions) (No.2) Order 2003 provided that chancel repair liability would continue to be an overriding interest for a period of just ten years from 13 October 2003. Changes to Chancel search repair liability brought under the 2002, Land Registration Act in 2002, came into effect in October, 2013. Chancel repairs can be costly, ... is registered and it is after 2013 there should be no need to carry out a Chancel repair liability search. The land on which the monasteries once stood was dispersed, however the obligation to pay for the chancel repairs, which was attached to this glebe land, was never separated; resulting in those who currently own land with a Chancel Repair Liability becoming effectively ‘lay rectors’. 2. The Land Registration Act 2002 has meant that PCCs have to consider registering any chancel liabilities arising from land at the Land Registry. Chancel repair liability is an obligation on a landowner to pay for certain repairs to a local church. Thousands of homeowners around the country have been notified by the Land Registry that they are liable to pay CRL. Where a piece of land is not yet registered but subject to potential Chancel Repair Liability, the land will remain subject to that potential liability even after 2013 cut off point up until the eventual sale of the property. First, ask around all the people who have ever been involved in the repair of your church, and see if anyone recalls claiming a contribution from someone to help the PCC repair the chancel of your building. 3. This is known as 'chancel repair liability' (CRL) or 'chancel tax'. PCCs were given 10 years in which chancel repair liability kept its overriding status, and during that time they could register the chancel repair liabilities at the Land Registry. The Land Registry's approach to chancel repair. Some chancel repair liability is attached to the ownership of particular pieces of land. The Law Society and HM Land Registry may have relevant information to help you identify chancel repair liability if it’s unclear. All such liability must be registered with the Land Registry by 13 October 2013. In the case of unregistered land, chancel repair liability will continue to exist in the same way; as a legal interest. Is leasehold land affected by chancel repair liability? 'Chancel' refers to the part of a church near the altar, reserved for the clergy and choir. The number of chancel repair liabilities registered between 1 Jan 2013 and 12 October 2013. Land Registry entries . The intention of the Land Registration Act 2002 was that chancel repair liability should not bind purchasers of land after 2013 unless protected on the register. the space around the alter at the end of the church building, from the income derived from "rectoral land" surrounding the church. Monasteries often acquired this land and with it the responsibility for chancel repairs. However, changes were made under the Land Registration Act 2002 and the Land Registration Rules 2003 whereby after midnight on 12 October 2013, unless a PCC has lodged a notice at the Land Registry protecting its right to claim for chancel repairs, the liability’s status as an overriding interest ceases. Chancel repair liability is a civil rather than an ecclesiastical matter and we are unable to identify who might have a liability for the maintenance of a particular church chancel (other than where we are liable). However liability can attach to land even though there is no evidence of it in the title documentation. Dear Land Registry, Please could you provide me, ideally in a tabular format the following information: 1. Chancel repair liability . The basis of chancel repair liability goes back hundreds of years to Henry VIII and the establishment of the Church of England. Chancel repair liability (CRL) is a long-standing and legally enforceable liability to repair – or to contribute to the cost of repair of – the chancel (usually the easternmost part) of a parish church. Parochial Church Councils had until October 2013 to register the liability with the Land Registry, but it can still be enforced where registration has not yet taken place. The new regime required PCCs (Parochial Church Councils) to register any such liability at the Land Registry before 13 October 2013, in order to avoid losing overriding interest status and to bind successors in title. Some houses (and flats) stand on land that is still subject to a perpetual liability to contribute towards the cost of repairs to the chancel of the parish church. ChancelCheck searches National Archive records to pin point information on if th However, in anticipation of this changing, a number of churches that benefit from the right to claim for chancel repairs applied to the Land Registry to place a notice of this right onto affected registered titles: around 250 churches registered notices against more than 12,000 properties. The risk still remains open against the property. Possible entry of a notice to correct a mistake on first registration. Aston Cantlow PCC v Wallbank), and recent developments in the law relating to land registration, it is very important that PCCs take steps now to check whether or not there is a liability for chancel repairs attaching to any land now or previously associated with their parish church. It has its origins in the feudal system and is rarely enforced, but when it is the liability can be huge. Make more general enquiries and see if anyone has ever been asked to pay up. Chancel repair liability may be a medieval relic, but it has not been abolished… The basis of chancel repair liability goes back hundreds of years to Henry VIII and the establishment of the Church of England. If land which carries a liability to contribute to chancel repairs is sold after that date, the chancel repair liability will be extinguished unless a notice has been registered on the title of the land at the Land Registry to indicate that the land is subject to chancel repair liability. If land which carries a liability to contribute to chancel repairs is sold after that date, the chancel repair liability will be extinguished unless a notice has been registered on the title of the land at the Land Registry (or a caution against first registration, in the case of unregistered land) to indicate that the land is subject to chancel repair liability. 4 Continuing liability for transfers of land for no consideration after 12 October 2013. Chancel repair liability is one of the ancient liabilities that loses overriding status on 13 October 2013. After that date, new owners of land will only be bound by chancel repair liability if the latter is entered on the liable Registered Title kept at the Land Registry. 3 If title to the land is unregistered.