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WARNING: The entire content of this Property Handbook has been prepared by members of PLATO. It has been carefully checked, but its accuracy cannot be guaranteed, neither at the date of preparation nor when viewed or printed. Accordingly, neither the members of PLATO nor the United Reformed Church can accept responsibility for the accuracy of the information the handbook contains.

 

Land Ownership - including boundaries and Party Walls

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The responsibilities of ownership of church land are shared jointly by the local church and their Trustees.

Boundaries
One of the most common legal questions arising in connection with church land is that of ownership of boundaries and responsibility for maintenance of walls and fences. It is important for churches to be aware of the boundaries of their site and to have proper responsibility for the care of walls and fences which mark those boundaries. It is also wise to ensure that neighbours keep the boundaries in their ownership in good repair and a friendly reminder of such obligations should be given if appropriate. If there are difficulties either in clarifying boundary ownership or in persuading a neighbour to maintain their section of a boundary then the advice of the Trustees should be sought.

A less frequent problem, but one of greater significance, is the tendency for some neighbours to attempt to encroach on land which belongs to the church. Some church sites are occasionally overgrown at the edges and it is not always easy to spot a change in the position of a boundary fence, especially when the movement of the fence has been very gradual. It is essential that such encroachment is avoided as the law is not always on the side of the innocent. A careful watch is necessary for possible encroachment when a neighbouring property is being developed or altered up to a boundary.

It is not simply a matter of reclaiming what rightfully belongs to the church when the offence has been discovered. If you believe that the church land has been the subject of encroachment then the Trustees should be contacted.

It is often a good idea to keep a photographic record of any boundaries which may be liable to dispute or of any actual disputes and their outcome. Such records should be dated and signed by both the church and neighbour and deposited with the Trustees alongside the deeds.

The Party Wall Etc Act 1996
This legislation is important for all owners and occupiers of property where building work is about to be carried out. The Act sets out procedures which, although relatively straightforward, can be time consuming and must be followed precisely.

Although the legislation places immediate obligations and expense on the owner who wishes to carry out the work, it is even-handed in that it protects the rights of owners and occupiers on both sides of the boundary.

If you are intending to carry out building work you will be required by law to serve notice on adjoining owners. Such notices ("party wall notices") indicate the nature of the work that is to be carried out and notify the adjoining owners of their rights.

Notice must be given in the following situations:

• If a new party fence wall is to be built
  
• If a new wall is to be built to the boundary line
  
• If a party wall is to be demolished, rebuilt, extended or repaired
  
• If a new building is to be constructed within six metres of a neighbour's building and with lower foundations than that building
  

Dealing with Party Wall Notices

 

Whenever a Party Wall notice is issued, either by the church or the neighbour, you should obtain professional advice from a suitably experienced architect or building surveyor.

Party Wall notices must never be ignored.

Rights of Way

There is a danger that neighbours or the general public might acquire a right of way across church land, particularly if it is unclear where the boundary lies. In such situations, a notice can be mounted on the external wall of the building to make clear that certain land is not dedicated to public use. Another way to prevent an access route becoming a public footpath is to close any relevant entrance, without warning, at least once a year.

Any agreement to make available a route across church land must be formalised. Trustees are usually able to draw up an agreement to avoid such a route becoming a right of way.

Leases
Occasionally churches make arrangements with members or neighbours to use pieces of church land which are not currently required. In any such instance a formal agreement must be made with the involvement of the Trustees from the first stages of negotiations. Without such agreements rights can easily accrue to the user of the land to the disadvantage of the church.