Right to Occupy

Pew, Right to Occupy, Conditions

From the book The Clergyman’s Hand-book of Law, about Pew, Right to Occupy, Conditions (1): A grant of a church pew in perpetuity does not give the owner an absolute right of property as a grant of land in fee; but gives only a right to sit therein, although he may maintain an action in court for protection of his rights.433 In Vermont a pewholder has only the right to occupy his seat during religious services and holds it subject to the superior right of the society owning the pew.434 A condition in the deed to a pew that a holder about to leave the congregation shall offer it to the society for a certain price, is not invalid.435 Where a pewholder held his pew by a certain agreement and after the church had been remodeled he bought a different pew, the conditions attached to the first pew did not apply to the last.436 Pews owned by the occupant pass to the heirs as real estate instead of going to the executors as personal property in States where the title is in the nature of the title to real estate.437

Resources

Notes and References

1. Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago

See Also

• Religion
• Church