Why Conveyancers and Mortgage Lenders Still Insist on Indemnity
Many buyers assume the 13 October 2013 deadline extinguished chancel repair liability entirely. This is a common legal misconception. The Land Registration Act 2002 did not abolish the liability—it merely abolished its automatic status as an 'overriding interest'.
This distinction means Parochial Church Councils (PCCs) can still register a Unilateral Notice or Caution against any property right up until the moment an application for a transfer for value is completed at HM Land Registry.
Conveyancers and lenders face three residual risks:
1. Gap Period Risk: Between contract exchange and Land Registry lodgement, a PCC could register a notice.
2. Non-Purchase Transfers: If the seller inherited the house or received it as a gift, they lack Section 29 protection.
3. Cost-Benefit Ratio: For a modest £35–£60 single payment, an indemnity policy removes all theoretical mortgageability defects forever.