Land Registration Act 2002: Chancel Repair Liability
House of Lords

Photo of Viscount Chandos

Viscount Chandos (Labour)

asked Her Majesty's Government:

What steps they have taken concerning the treatment of chancel repair liability under the Land Registration Act 2002, following the decision of the House of Lords in the case of the Parochial Church Council of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank.

Photo of Lord Filkin

Lord Filkin (Parliamentary Under-Secretary, Department for Constitutional Affairs; Labour)

The Government have considered the reversal by the House of Lords of the Court of Appeal's 2001 judgment in Wallbank. My honourable friend, the Parliamentary Under-Secretary of State, David Lammy, has made a Statement today in another place that a transitional provisions order relating to the status of chancel repair liability was made under the Land Registration Act 2002 on 14 September 2003. The order provides that, for a period of 10 years from the coming into force of the Act on 13 October 2003, chancel repair liability will remain an interest that binds successive owners of land even though it is not protected by an entry in a register kept by the Land Registry. As no land registration fee is payable for applications to protect similar ancient property rights, such as payments in lieu of tithe, Crown rents and manorial rights, the Land Registry intends to waive the fee for applications to protect chancel repair liability for the 10-year period.

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