The Law Commission have launched a consultation on proposals to clarify chancel repair liability (CRL) and potentially end such, unless there is an entry on the property title.
The Commission’s paper and consultation, which runs until 15th November 2025, highlights a need to clarify the current ‘uncertainty’ around the intention of the Land Registration Act 2002 which introduced the legal position that chancel repair liability should not bind purchasers of land after 2013 unless protected on the register. The 2002 Act also only governs registered land and purchasers of unregistered land can still find that they are bound by CRL.
Despite the intentions of the Land Registration Act 2002 the Commission said ‘there may be doubts about whether the LRA 2002 applies to CRL in the way that was expected’ suggesting the wording in the 2002 Act, in which CRL applies to ‘interests affecting estates in land’, could be interpreted differently, especially if CRL is a personal obligation.
“So, if CRL is still an aspect of the office of rector, then it is arguable that it is not registrable under or affected by the LRA 2002. It is therefore not certain whether purchasers of registered land may still be bound by unregistered CRLs, despite the change in the law from 13 October 2013.”
In proposals published this week the Law Commission say their aim is to ‘put to an end any doubt that exists about the effect of the land registration regime on CRL by making certain it does what it was understood to do in 2003 when the LRA 2002 came into force.’
“We propose to clarify that a purchaser of registered land will only be bound by a CRL if it is noted against the title to the land. We also wish to clarify the effect of the first registration of an unregistered estate in land on CRL. We provisionally propose that the amendment of the LRA 2002 should apply retrospectively, ensuring that the amendment applies to any transfers of registered estates or first registrations of unregistered estates that have occurred since 13 October 2013.”
“These proposals aim to deliver the certainty that was intended when the land registration rules changed in 2013. By clarifying the law, the aim is to reduce unnecessary costs for those who buy land such as homebuyers, while ensuring the rules work as Parliament expected.”
Sir Peter Fraser, Chair of the Law Commission, and the report itself uses the case of Mr and Mrs Wallbank, who were pursued for nearly £187,000 in chancel repairs plus £250,000 in legal costs. as evidence of the potential impact of this liability on modern homeowners.
