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An interesting article and, as you say, a difficult area. I note you say that usually a buyer will purchase subject only to overriding interest and specified incumbrances. However, the standard conditions and SCPC mean that the property is also sold subject to incumbrances that the seller does not and could not reasonably know about. I am not sure, therefore, that chancel liability is the same as any other matter that is undisclosed and protected by caution against first registration or unilateral notice between exchange and registration. If the seller was unaware of the chancel liability, then it seems to me the buyer would have no contractual remedy against the seller in these circumstances and yet would be bound by the interest (unless the land was registered and there had been a post 12.10.13 disposal for value). It is for this reason that it would seem sensible to continue to carry out screening searches unless a post 12.10.13 disposal for value has occurred.

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