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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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