Q&As
Where land has been owned since before 2013 and a chancel search reveals a potential repair liability, will a charge taken over the property qualify as a transaction for value, therefore removing the chancel liability, or would it still exist as there has been no transfer for value?
Published on: 19 January 2022
As identified in Practice Note: Chancel repair liability, chancel repair liability (CRL) was originally classified as an overriding interest (ie it was protected even though it was not registered). However, the current position is that if CRL was not registered against the affected estate before 13 October 2013, a Registrable disposition of the affected estate on or after that date in favour of a purchaser for value allows the purchaser to take free of any CRL.
This is the effect
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