Don't take a chance on Chancel, by Rob Hailstone

Rob Hailstone, founder of the Bold Group, provides a brief update on the changes to Chancel Repair Liability (CRL) that took place over the weekend.
 
CRL is the liability of the owner of land to pay for the repair of the chancel of a parish church. There may be liability where land was formerly attached to a rectory. Such former rectorial land is not always close to a church building. Owners affected are known as lay-rectors.
 
On ‘The One Show’ last week there was a discussion about CRL.

Manorial rights, CRL and some other overriding interests (overriding interests are interests to which a registered title is subject, even though they do not appear in the register and are binding both in the registered proprietor and on a person who acquires an interest in the property) will have lost that status if they were not protected before October 13.

Note that this is not the case with mines and minerals which will still be able to be registered if an applicant has sufficient evidence to support a separate title to those mines and minerals being granted.
 
If the liability has been registered, it is an obligation that will last forever. Conveyancers will need to check the title documents.
 
It is important to note that the Church will have the right to register their interest after October 12, except if a property has changed hands after that date for valuable consideration and the title has been registered. Only at the point where the land has transacted and been registered at the Land Registry does the ability for the Church to register a notice cease.
 
If someone receives a property after October 12 by gift, transaction at undervalue, inheritance or on divorce, it could still be liable as this doesn’t qualify as for “valuable consideration”.
 
The Church has been advising its Parochial Church Councils to register all liable properties by October 12. If they haven’t, as explained earlier, this does not mean they can’t register after that date.
 
Conveyancers have at least two safe options: they should either carry out a CRL screening search (then insure where necessary) or insure all properties under a block policy.
 
A number of properties have had a potential CRL liability registered against them. Those properties are now effectively blighted; however, insurance products will be available to protect the owners and any subsequent purchasers.
 
If anyone has any questions they can contact Rob at rh@boldgroup.co.uk