Quit Claim Deed On Church Property

[drj1943]

State of Ohio: When we built our church a few years ago, our diocese did not want to assume any financial responsibility for the mortgage, etc, so a representative of the diocese signed a quickclaim deed on the property.

Because of faith issues, our church recently disaffiliated itself from the national church. Because of the growing number of disaffiliating churches, the Presiding Bishop has claimed that the national church owns ALL church properties under the Denis Canon. She has agreed to sell to anyone at fair market value except those churches who align themselves with another Anglican group.

My question is this: Neither the national church or the diocese have every paid a dime for the property, now they're saying under the Denis canon, they have ownership. In fact, they told us just before Christmas that we had to vacate the building. We have not, feeling that by signing the quitclaim deed, they forfeited all rights to the property. Are we correct.

[jk]

so who actually holds title to the property?
You do not state who was the reciever in the quit claim deed.

[drj1943]

The local church holds the title to the property

[jk]

who is "the local church"

To whom, specifically, exactly, and accurately was the church deeded to?

[drj1943]

It is titled to St. Matthews Episcopal Church, Westerville, Ohio

[jk]

it seems like that could present a conundrum since apparently St. Matthews Episcopal Church is no longer St. Matthews Episcopal Church.

To be honest, this is beyond me. Maybe Aaron will be able to help you with this one.



All I really have found is there seems to be no clear cut decisions or control of the situation and this may end up at the supreme court.

but, like I said, hopefully Aaron will see this and can speak to this situation.

[aaron]

If the church owns the land, the question is who owns the church?

If the diocese doesn't relent, you're going to need to hire a lawyer. Rest assured, the diocese will have a law firm.