PART 4

Miscellaneous and general

Property rights and obligations

Dedicating land for highway
43
1
The incumbent of a benefice may, either with or without consideration, dedicate for the purposes of a highway land belonging to the benefice which—
a
is part of the garden or orchard or of the appurtenances of or enjoyed with the parsonage house, or
b
adjoins the parsonage house.
2
The power under this section may not be exercised without—
a
the consent of the Parsonages Board, and
b
the consent of the bishop of the diocese to which the benefice belongs.
3
A sum paid as consideration under this section must be paid to the Parsonages Board and must be applied for the purposes for which the proceeds of a sale of the land would be applicable.
4
Where the benefice is vacant, the power under this section is exercisable by—
a
the priest-in-charge appointed for the benefice, or
b
if none is appointed, the bishop of the diocese to which the benefice belongs, after receiving a request to exercise the power from the PCC or, if the land is situated in more than one parish, from each of the PCCs acting jointly (and subsection (2)(b) would accordingly not apply).
S. 43 in force at 1.3.2019 by S.I. 2019/97, art. 2
S. 43(4) inserted (17.5.2024) by Church of England (Miscellaneous Provisions) Measure 2024 (No. 1), ss. 14(1), 22(4); S.I. 2024/631, art. 2