Breaking news on chancel repair liability

CLS reported on Friday that Land Registry has made a statement clarifying its position in relation to Chancel Repair Liability both before and after the recent changes made on 13 October 2013.

They said that if the OS1 search and UN1 were lodged prior to the 13th October and the protected transfer or lease for value after the 13th October that they will contact the parties.

If they do not object pursuant s73 of the Land Registration Act 2002 then the Land Registry will register the transfer or lease (disposition) and enter the UN1 at the date of the lodgement of the disposition.

The registered proprietor can still apply to cancel the notice at any time by lodging form UN4.

If the pending new proprietor objects to the entry of the Notice and the parties cannot resolve their dispute it will be referred to the Property Chamber, First-tier Tribunal.

If the situation is that all forms are lodged after the 13th October the Land Registry will register the disposition and enter the unilateral notice as at the date of the lodgement of the disposition.

As before, the registered proprietor can apply to cancel the notice at any time by lodging form UN4.

If there is a dispute between the parties about whether or not the unilateral notice should be cancelled this will, in the absence of agreement, need to be referred to the Tribunal for judicial determination.

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