That settlement offer was apparently summarily rejected. Interestingly, the national church had offered a settlement to the breakaway parishes that would have allowed them to retain their properties if they gave up the name and leadership issues. Since then, the two sides have been involved in a battle over the church’s name, leadership and real estate. The controversy began more than five years ago when local parishes in eastern South Carolina left the Episcopal Church over, among other issues, the rights of gays in church. Let’s not try to insure these titles anytime soon. Philip’s of Charleston, is also quite significant. The historic value of the properties, including St. News articles refer to the properties as being valued at hundreds of millions of dollars. In this case, all the plaintiff parishes hold title to their property in fee simple absolute.” A decision on property ownership is usually governed by the title to real estate-the deed. He said that no parish expressly acceded to the Dennis Canon. He wrote that state law, not church law, requires the transfer of real property by deed. But the Supreme Court left open the possibility that the lower court might clarify the position, and clarify Circuit Court Judge Edgar Dickson did.
The South Carolina Supreme Court seemed to indicate that the 29 breakaway churches had to return their properties to the national church under the “Dennis Canon”. The real estate issues are sufficiently thorny to occupy our collective real estate lawyer brains. I don’t have to figure out who will own the name “Episcopal Diocese of South Carolina.” I don’t have to delve into the depths of neutral principles of law vs. I don’t have to ascertain whether the “liberal mainline” members or the “ultra-conservative breakaway” members make up the real Episcopal Church. I don’t have to solve the mystery of the rights of gays in churches. We now have a new circuit court order, and I am confident we will hear more at a later date. In August of 2017, the South Carolina Supreme Court issued a 77-page opinion in this litigation. Michael’s Episcopal Churches, Downtown Charleston, SC What do you think? Should the Register of Deeds be appointed by County Council? The letter also states that no constitutional provision or statutory edict requires an election in this case. The letter lists eighteen counties where the RODs are currently appointed. The rights of parties relating to real property are based on when the documents establishing those rights are properly recorded. If our deeds, mortgages and other documents are not recorded in a timely manner and in the proper order, then the proper priorities among parties is thrown to the wind. This letter provides additional evidence that something is terribly wrong in the Charleston County ROD office, and action needs to be taken sooner rather than later.Īs this letter points out, South Carolina is a race notice state. If you follow this blog, you know that the Finkel Firm has brought suit against the Charleston County ROD asking for a writ of mandamus based on the horrific lag involved with recording documents in that county. Take a look at this letter that body wrote to County Council on January 19.
Popularity and politics should have nothing to do with choosing the appropriate person to handle the very meticulous administrative process that deals with recording public documents.Īpparently, the Executive Committee of the Charleston County Bar Association wants to take action to make sure the ROD for Charleston County is qualified. But when it comes to the Register of Deeds, I believe that person should be appointed locally based on a very specific skill set. The official who records our deeds should not be selected via popularity contest!
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