HC Deb 14 October 2003 vol 411 c3WS
The Parliamentary Under-Secretary of State for Constitutional Affairs (Mr. David Lammy)

On 14 September 2003 a Transitional Provisions Order relating to the status of chancel repair liability was made under the Land Registration Act 2002. The making of the order follows the reversal by the House of Lords in June 2003 of the Court of Appeal's decision in Wallbank v Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire. 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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