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The Diocese of Lincoln

Incumbents and Churchwardens Trusts Measure 1964

Estates & Trusts

Under the provisions of the Incumbents and Churchwardens (Trusts) Measure 1964, Incumbents and Churchwardens may not hold or acquire an interest in land.  Such interest shall be vested in the Diocesan Authority.

The same situation arises in connection with PCC land vested in the Diocesan Authority under the provisions of the Parochial Church Councils (Powers) Measure 1956.

If an Incumbent and Churchwardens decide to sell or lease Church property, the consent of the Diocesan Trust will be required.  If the Incumbent and Churchwardens overlook the need to obtain the Diocesan Authority's consent, they can run into difficulties. For example, they cannot convey legal title so to avoid delays and difficulties approach the Trusts and Estates Officer as soon as you take the decision to sell, even if no purchaser has yet been found.

See the Section - Acquisitions or disposals, sale or lease of property held under the provisions of the Parochial Church Councils (Powers) Measure 1956 for an outline of the suggested procedures for either a sale or lease.

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