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Church Property Measure 2018

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12Conveyancing formalitiesE

(1)Where a house or other land is bought, sold or exchanged under this Part, the transfer must be made by or to—

(a)the incumbent of the benefice in the capacity as a corporation sole, or

(b)where the benefice is vacant, the bishop of the diocese in the name and on behalf of the incumbent in the capacity as a corporation sole.

(2)In a case within subsection (1)(b), once the vacancy is filled, the transfer may not be disclaimed or renounced by an incumbent succeeding to the benefice.

(3)Every transfer of a house or other land bought or acquired by way of exchange for a benefice under this Part must be filed in the registry of the diocese concerned in the manner specified in rules.

(4)Where a house or other land sold or exchanged under this Part is subject to a mortgage or charge in favour of the Church Commissioners, the document giving effect to the sale or exchange discharges the land or buildings from the mortgage or charge; and the mortgage or charge attaches—

(a)in the case of a sale, to the money arising from the sale;

(b)in the case of an exchange, to the house or other land acquired on the exchange and to any money paid to the Parsonages Board for equality of exchange.

F1(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I1S. 12(1)-(4) in force at 1.3.2019 by S.I. 2019/97, art. 2

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