header-logo header-logo

27 September 2012 / Sam Cherry
Issue: 7531 / Categories: Features , Property
printer mail-detail

The end is nigh?

Sam Cherry provides an update on chancel repair liability & addresses
a medieval anomaly...

In medieval Britain, the Church was granted powers to charge those owning “rectorial land” for the upkeep of the church chancel.

This historic liability has haunted generations of property transactions and still affects land and properties throughout England and Wales today.

The bell is tolling for this medieval anomaly which will cease to be an overriding interest at midnight on 12 October 2013, but will this address the issue of liability?

The short answer is no, chancel repair liability, attaches itself to land regardless of whether or not the liability is currently noted against the title.

The Land Registration Act 2002 (which came into force in 2003), qualified that the Church of England and Wales had a 10-year period to disclose and register their interests against the titles of “liable properties” or forfeit the right to enforce the chancel repair liability in the future.

As it currently stands there is no single register which can be used to identify

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll