PART 1Parsonage land
Procedure
12Conveyancing formalities
(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)
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