Residential Conveyancing Solicitor Ben James discusses the proposed changes below….

Dating back to feudal times, more particularly the reign of King Henry VIII, chancel repair liability concerns the cost of maintaining church chancels – the eastern end of the church, where the altar is located.

Despite reform in October 2013 when property lawyers thought that chancel repair was going to be abolished and assigned to the history books by having its overriding status removed on the title register, this did not come to pass where land had not been transferred for a period of time and the first purchase for value after October 2013 was your own purchase of land. This means that some can still be called upon to fund repairs, and although rarely enforced, the liability can be financially ruinous.

The Law Commission now wants to ensure that chancel repair does not bind purchasers of land unless it is registered and therefore visible to purchasers on the title register, avoiding the need for chancel repair searches and/or insurance.

The Law Commission proposes the following:

• Clarify that a buyer of registered land will only be bound by CRL if it is noted on the title at HM Land Registry;
• Clarify the effect of the first registration of unregistered land on CRL;
• Recommend that the amendments should apply retrospectively so that they apply to transactions since October 2013, potentially cleaning up murky titles;
• Put an end to uncertainty about the effect of land registration on CRL.

These proposals will surely be welcomed by property lawyers although it will be interesting as to how HM Land Registry approach registrations going forward.

The consultation is open until 15^th November 2025.

Ben James is a Solicitor within our busy Residential Conveyancing team, based out of our Coventry office. Please contact our friendly team for all of you property needs.

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