Dilapidation
Encyclopedia
Dilapidation is a term meaning in general a falling into decay, but more particularly used in the plural in English law
for
Dilapidation is derived from the Latin
for scattering the stones (lapides) of a building.
In general English law a tenant for life
has no power to cut down timber, destroy buildings, etc., or to let buildings fall into disrepair (see Waste
). In the eye of the law an incumbent of a living is a tenant for life of his benefice
, and any waste, voluntary or permissive, on his part must be made good by his administrators
to his successor in office. The principles on which such dilapidations are to be ascertained, and the application of the money payable in respect thereof, depend partly on old ecclesiastical law
and partly on acts of parliament
.
Questions as to ecclesiastical dilapidations usually arise in respect of the residence house and other buildings belonging to the living. Inclosures
, hedges, ditches and the like are included in things of which the beneficed person has the burden and charge of reparation
. In a leading case (Ross v. Adcock, 1868, L.R. 3 C.P. 657) it was said that the court was acquainted with no precedent
or decision extending the liability of the executor
s of a deceased incumbent to any species of waste beyond dilapidation of the house, chancel
or other buildings or fences of the benefice. And it has been held that the mere mismanagement or miscultivation of the ecclesiastical lands will not give rise to an action for dilapidations.
To place the law relating to dilapidations on a more satisfactory footing, the Ecclesiastical Dilapidations Act 1871 was passed. The buildings to which the act applies are defined to be such houses of residence, chancels, walls, fences and other buildings and things as the incumbent of the benefice is by law and custom bound to maintain in repair. In each diocese
a surveyor
is appointed by the archdeacon
s and rural deans
subject to the approval of the bishop
; and such surveyor shall by the direction of the bishop examine the buildings on the following occasions viz.
The surveyor specifies the works required, and gives an estimate of their probable cost. In the case of a vacant benefice, the new incumbent and the old incumbent or his representatives may lodge objections to the surveyors report on any grounds of fact or law, and the bishop, after consideration, may make an order for the repairs and their cost, for which the late incumbent or his representatives are liable
. The sum so stated becomes a debt due from the late incumbent or his representatives to the new incumbent, who shall pay over the money when recovered to the governors of Queen Anne's Bounty
.
The governors pay for the works on execution on receipt of a certificate from the surveyor; and the surveyor, when the works have been completed to his satisfaction, gives a certificate to that effect, the effect of which, so far as regards the incumbent, is to protect him from liability for dilapidations for the next five years. Unnecessary buildings belonging to a residence house may, by the authority of the bishop and with the consent of the patron, be removed. An amending statute of 1872 (Ecclesiastical Dilapidations Act (1871) Amendment) relates chiefly to advances by the governors of Queen Anne's Bounty for the purposes of the act.
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
for
- the waste committed by the incumbent of an ecclesiastical living
- the disrepair for which a tenantLeasehold estateA leasehold estate is an ownership of a temporary right to land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord....
is usually liable when he has agreed to give up his premises in good repair.
Dilapidation is derived from the Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
for scattering the stones (lapides) of a building.
Ecclesiastical Law
Life estate
A life estate is a concept used in common law and statutory law to designate the ownership of land for the duration of a person's life. In legal terms it is an estate in real property that ends at death when there is a "reversion" to the original owner...
has no power to cut down timber, destroy buildings, etc., or to let buildings fall into disrepair (see Waste
Waste (law)
Waste is a term used in the law of real property to describe a cause of action that can be brought in court to address a change in condition of real property brought about by a current tenant that damages or destroys the value of that property...
). In the eye of the law an incumbent of a living is a tenant for life of his benefice
Benefice
A benefice is a reward received in exchange for services rendered and as a retainer for future services. The term is now almost obsolete.-Church of England:...
, and any waste, voluntary or permissive, on his part must be made good by his administrators
Administration of an estate on death
In English law, Administration of an estate on death arises if the deceased is legally intestate. In United States law, the term Estate Administration is used....
to his successor in office. The principles on which such dilapidations are to be ascertained, and the application of the money payable in respect thereof, depend partly on old ecclesiastical law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
and partly on acts of parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
.
Questions as to ecclesiastical dilapidations usually arise in respect of the residence house and other buildings belonging to the living. Inclosures
Enclosure
Enclosure or inclosure is the process which ends traditional rights such as mowing meadows for hay, or grazing livestock on common land. Once enclosed, these uses of the land become restricted to the owner, and it ceases to be common land. In England and Wales the term is also used for the...
, hedges, ditches and the like are included in things of which the beneficed person has the burden and charge of reparation
Reparation (legal)
In jurisprudence, reparation is replenishment of a previously inflicted loss by the criminal to the victim. Monetary restitution is a common form of reparation...
. In a leading case (Ross v. Adcock, 1868, L.R. 3 C.P. 657) it was said that the court was acquainted with no precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
or decision extending the liability of the executor
Executor
An executor, in the broadest sense, is one who carries something out .-Overview:...
s of a deceased incumbent to any species of waste beyond dilapidation of the house, chancel
Chancel
In church architecture, the chancel is the space around the altar in the sanctuary at the liturgical east end of a traditional Christian church building...
or other buildings or fences of the benefice. And it has been held that the mere mismanagement or miscultivation of the ecclesiastical lands will not give rise to an action for dilapidations.
To place the law relating to dilapidations on a more satisfactory footing, the Ecclesiastical Dilapidations Act 1871 was passed. The buildings to which the act applies are defined to be such houses of residence, chancels, walls, fences and other buildings and things as the incumbent of the benefice is by law and custom bound to maintain in repair. In each diocese
Diocese
A diocese is the district or see under the supervision of a bishop. It is divided into parishes.An archdiocese is more significant than a diocese. An archdiocese is presided over by an archbishop whose see may have or had importance due to size or historical significance...
a surveyor
Surveying
See Also: Public Land Survey SystemSurveying or land surveying is the technique, profession, and science of accurately determining the terrestrial or three-dimensional position of points and the distances and angles between them...
is appointed by the archdeacon
Archdeacon
An archdeacon is a senior clergy position in Anglicanism, Syrian Malabar Nasrani, Chaldean Catholic, and some other Christian denominations, above that of most clergy and below a bishop. In the High Middle Ages it was the most senior diocesan position below a bishop in the Roman Catholic Church...
s and rural deans
Dean (religion)
A dean, in a church context, is a cleric holding certain positions of authority within a religious hierarchy. The title is used mainly in the Anglican Communion and the Roman Catholic Church.-Anglican Communion:...
subject to the approval of the bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
; and such surveyor shall by the direction of the bishop examine the buildings on the following occasions viz.
- when the benefice is sequestratedSequestration (law)Sequestration is the act of removing, separating, or seizing anything from the possession of its owner under process of law for the benefit of creditors or the state.-Etymology:...
; - when it is vacant;
- at the request of the incumbent or on complaint by the archdeacon, rural dean or patronPatronagePatronage is the support, encouragement, privilege, or financial aid that an organization or individual bestows to another. In the history of art, arts patronage refers to the support that kings or popes have provided to musicians, painters, and sculptors...
.
The surveyor specifies the works required, and gives an estimate of their probable cost. In the case of a vacant benefice, the new incumbent and the old incumbent or his representatives may lodge objections to the surveyors report on any grounds of fact or law, and the bishop, after consideration, may make an order for the repairs and their cost, for which the late incumbent or his representatives are liable
Legal liability
Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
. The sum so stated becomes a debt due from the late incumbent or his representatives to the new incumbent, who shall pay over the money when recovered to the governors of Queen Anne's Bounty
Queen Anne's Bounty
Queen Anne's Bounty was a fund established in 1704 to augment the incomes of the poorer clergy of the Church of England. The bounty was funded by the tax on the incomes of all Church of England clergy, which was paid to the Pope until the Reformation, and thereafter to the Crown.In 1890, the total...
.
The governors pay for the works on execution on receipt of a certificate from the surveyor; and the surveyor, when the works have been completed to his satisfaction, gives a certificate to that effect, the effect of which, so far as regards the incumbent, is to protect him from liability for dilapidations for the next five years. Unnecessary buildings belonging to a residence house may, by the authority of the bishop and with the consent of the patron, be removed. An amending statute of 1872 (Ecclesiastical Dilapidations Act (1871) Amendment) relates chiefly to advances by the governors of Queen Anne's Bounty for the purposes of the act.