Following the House of Lords decision in Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank [2003] UKHL 37; [2003] 27 EG 137 (CS), the government has taken measures to preserve the status of chancel repair liability.
Under the Land Registration Act 1925, chancel repair liability, which requires owners of former rectorial land to meet the cost of repairing the church chancel, is classified as an overriding interest in registered land. However, the 1925 Act will shortly be repealed by the Land Registration Act 2002, which makes no reference to such liability.
Without government action, the combined effect of the House of Lords decision and the repeal of the 1925 Act would mean that, in order to bind successive owners, chancel repair liability would have to be protected by an entry in the register.
To avoid practical problems for the Land Registry, and potential human rights disputes, the government has issued a transitional provisions order covering the liability.
The Land Registration Act 2002 (Transitional Provisions)(No 2) Order 2003 preserves its status within the land registration system for a period of 10 years. The liability will therefore remain an interest that binds successive owners of a property even though it is not registered. After the 10-year period, the liability will bind new owners of registered land only if it is protected by an entry in the register.
The order puts chancel repair liability broadly on the same footing as comparable rights such as payments in lieu of tithe, Crown rights and manorial rights.
References: EGi Legal News 25/9/03
