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27 September 2012 / Sam Cherry
Issue: 7531 / Categories: Features , Property
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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

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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