For Whom the Bell Tolls: Churches and Title Law (Copy)
In Tennessee Title Law, different kinds of property have different legal requirements. Whether we’re talking about churches, assemblies, missions, synagogues, mosques or meeting halls, church title law gets tricky.
When a church or other religious organization is involved in a real estate transaction, it’s not always obvious who has the authority to execute documents. Places of worship operate under a wide variety of rules and regulations. Some denominations have centuries of documentation about their properties. For others, documentation may be nearly non-existent.
Church Closings in TN: What the Law Says
So what does the law say, and why does it matter? According to Subsection B of Tennessee Code 48-67-102 (Provisions not applicable to religious corporations, 2023 edition):
“If religious doctrine or canon law governing the affairs of a religious corporation is inconsistent with chapters 51-68 of this title on the same subject, the religious doctrine or canon law shall control to the extent, and only to the extent, required by the constitution of the United States or the constitution of this state, or both.”
In other words, Tennessee state law gives priority to the internal rules of the religious institution concerned. If you’re planning to purchase a religious building and repurpose it, or your faith community is growing and needs a new building, successfully closing on the new property and transferring ownership requires a careful knowledge of the particular rules governing that religious institution.
Good Questions and Considerations
Here are some good questions to ask and consider ahead of a church property sale and closing:
What type of legal entity is the church?
Is it incorporated?
What is the hierarchy?
How is the church organized?
Are there bylaws, a constitution, or other governing documents?
Who controls the church (Pastor/Priest, Deacons, Elders, or the Congregation itself)?
Is there a parent or superior organization?
Is there a vote or member meeting required?
Complicated Church Closing? Work with an Expert
When you need to buy or sell a religious building for your faith community, or on behalf of your client, you don’t want anything to go wrong for these sacred spaces or the people meeting there. Blue Note Title is a team of experienced Tennessee Title Attorneys who understand the ins and outs of closings for places of worship. We’ll get your questions answered, get to the bottom of complex documents, and protect your community's investment. Schedule your free consultation today.
