Church Property Measure 2018

12 Conveyancing formalities E

(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.

(5) A deed or other document made under or for the purposes of this Part is not liable to stamp duty land tax.

Commencement Information

I1 S. 12(1)-(4) in force at 1.3.2019 by S.I. 2019/97, art. 2