Date published: 21 January 2005
Download as PDFChurch of Scotland Property – sales to adjoining owners
There is provision in the Church of Scotland (Property and Endowments) (Amendment) Act 1933 requiring the General Trustees of the Church of Scotland to offer to adjoining owners an opportunity to purchase ground originally transferred for the erection of a church or manse whenever they plan to sell that ground. It applies only to ground provided for certain churches and manses listed in Schedule 10 of the Church of Scotland (Property and Endowments) Act 1925 (extended by the 1933 Act). Only adjoining owners whose predecessor in title originally granted the ground in question without charge are to be offered this opportunity to purchase.
A procedure has been provided for the way in which such an offer may be made, by way of notice of opportunity of offer to which a response notice must be given, with provision for a reference to arbitration if terms and the price cannot be agreed within three months of the response date. Such a reference must be made within one year of the response date. The procedure is put in motion by the General Trustees issuing to eligible adjoining owners, (there may be more than one), a draft statement of their terms of sale and an upset price based on their estimate of open market value. The terms and price can be amended by agreement among the General Trustees and all of the eligible adjoining owners. If agreement cannot be reached the General Trustees or any adjoining owner can refer the terms or the price to arbitration.
After agreed terms and price are reached whether by agreement or after arbitration, the land is to be offered to the eligible adjoining owners on terms which are in accordance with such agreement or the outcome of the arbitration process, and the General Trustees have to accept the higher or highest offer that is at least equal to or above the upset price.
The Order which sets out the procedure for this arrangement is available from the HMSO website at: http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/ssi2004/ 20040538.htm
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