PART 1Parsonage land

Procedure

12Conveyancing formalities

I11

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.

I12

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.

I13

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.

I14

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.