28 October 2013
Last updated at 10:41
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Land Registry clarify Chancel Repair Registration in relation to OS1
Conveyancing Liability Solutions LTD on Friday 25th October received and released a statement from the Land Registry clarifying their position in relation to the registration of Chancel Repair Liability both pre and post 13th October 2013.
The statement reads:
1. “If the OS1 search and UN1 were lodged pre 13.10.13 and the protected transfer or lease for value post 13.10.13 we will contact the parties. If they do not object pursuant s73 of the Land Registration Act 2002 we 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.
2. If the situation is that all three are lodged post 13.10.13 we will register the disposition and enter the unilateral notice as at the date of the lodgement of the disposition. Again the registered proprietor can apply to cancel the notice at any time by lodging form UN4.
3. 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.”
Glossary of Terms
OS1 – Application by purchaser for official search with priority of the whole of the land in a registered title or a pending first registration application.
UN1 – Application to enter a unilateral notice.
UN4 – Application for the cancellation of a unilateral notice by a person who is (entitled to be) the registered proprietor.
Chancel Repair Liability only ceases to be an issue at the point where a property has been registered at the Land Registry (whether at first or next registration) for valuable consideration from 13th October 2013 where no application to protect CRL has been made. Conveyancers can continue to ensure that clients are informed and protected with ChancelCheck® and ChancelSure®.
Please note:
Land Registry has stated that it is not in a position to provide legal advice and every case involving an application will be treated on merit. The above information has been communicated internally at Land Registry through a number of channels and all caseworkers should therefore be aware. Inconsistencies in approach or guidance should hopefully not arise.
Source: CLS Press Release
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