Parochial Church Council’s – Ownership Of Land And Property

Parochial Church Councils should be aware of the provisions of the Parochial Church Council's (Powers) Measure 1956 in relation to land and property. The 1956 Measure (Section 6) deals with the way in which (i) an interest in land (other than a short lease - this means a Lease for a term not exceeding one year or any tenancy from week to week, from month to month, from quarter to quarter or from year to year) and (ii) any interest in personal property to be held on permanent trusts are to be acquired, held and disposed of by a Parochial Church Council.

The 1956 Measure provides that no new property falling within these classes is to be acquired by a Parochial Church Council without the consent of the Diocesan Board of Finance. Further any such property must be vested in the Diocesan Board of Finance.

As such a Parochial Church Council cannot own property falling within these classes however this does not make the Diocesan Board of Finance the beneficial owner of the property. The beneficial owner is the Parochial Church Council and the role of the Diocesan Board of Finance is to hold the legal title as custodian trustee on the Parochial Church Council's behalf. Accordingly the Parochial Church Council is the managing trustee and has the powers of management and administration.

Accordingly if the Parochial Church Council intends to acquire a piece of land or property (be it donated to them or purchased) by virtue of the 1956 Measure, the consent of the Diocesan Board of Finance will need to be obtained and the legal title required to be vested in the Diocesan Board of Finance.

The 1956 Measure further provides that a Parochial Church Council may not sell, lease, let, exchange, charge or take any legal proceedings in respect of an interest in land (other than a short lease as defined above) or any interest in personal property to be held on permanent trusts without the Diocesan Board of Finance's consent. Therefore if a Parochial Church Council proposes to sell or lease such property as managing trustee it should consider the following points:

A Parochial...