Church Property

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Determining who can convey church property (sometimes even when held in a holding corporation) can be difficult and depends on church law rather than state law. Below is an excellent resource on the forms taken by various churches and Florida citations where applicable.

From Fund Title Notes TN 6.02.01 Representative and Congregational Plans of Government — List (Rev. 12/11)

Proper disposition of church property depends on the form of church government. There exist two basic types of governance which are largely determinative in such matters.

One type of governance is variously called hierarchical, connectional, representative, republican or episcopal; the other is called congregational or independent.

In a hierarchical or connectional system, the parent body has the right to control the property of the local affiliated churches, even if title is taken in the names of trustees for the local affiliated church, in the name of the local affiliated church, or in the local church’s corporate entity. Full Gospel Temple of Tallahassee v. Redd, 82 So.2d 589 (Fla. 1955); Rekas v. Polish National Catholic Church, Western Diocese, 102 So.2d 705 (Fla. 1958); St. John’s Presbytery v. Central Presbyterian Church, 102 So.2d 714 (Fla. 1958); New Jerusalem Church of God, Inc. v. Sneads Community Church, Inc., 147 So.3d 25 (Fla. App. 1st DCA).

In a congregational or independent system, the local affiliated church has the right to control the property and often treats property as vested in the congregation.

An example of the consequence of the distinction in form of governance is the secession of the local church from the parent. If representative in form, the congregation is free to secede but the property belongs to and remains with the parent. If congregational, because the local church owns the property, when it secedes the property continues to belong to the local church not the parent. Which form of governance applies to a religious denomination and local church is a factual question for determination on a case-by-case basis following the “deference approach” to resolving interchurch disputes. See New Jerusalem Church of God, Inc. v. Sneads Community Church, Inc., 147 So.3d 25 (Fla. App. 1st DCA).

These questions come up with enough regularity that many churches and sects post their property guidance, constitutions, bylaws, etc. online. Reviews of those are critical to determining church authority questions.

Please add additional links as other forms of church governance are researched

In determining the sufficiency of the title involving a church, whether the church has a congregational or representative form of church government must be decided. Below is a list of churches, their forms of church government, and references to discussions of the form of church government.

  • African Methodist Episcopal Church — representative in form — Annot. 52 A.L.R. 3d 324, at 411 (1973).
  • AME Church- representative in form- Bethel AME Church of Newberry, Florida v. Domingo, 654 So.2d 233 (Fla. 1st DCA 1995).
  • Assembly of God Church — form not determined — Annot. 15 A.L.R. 3d 297, at 315 (1967).
  • Baptist Church — congregational in form — Partin v. Tucker, 172 So. 89 (Fla. 1937); Ross v. Gerung, 69 So.2d 650 (Fla. 1954); First Independent Missionary Baptist Ch. v. McMillan, 153 So.2d 337 (Fla. 2d DCA 1963); Carroll v. Fellure, 185 So.2d 768 (Fla. 1st DCA 1966); Annot. 15 A.L.R. 3d 297, at 309 et seq.; Annot. 52 A.L.R. 3d 324, at 381 (1973).
  • Catholic Church — representative in form “corporation sole” — TN 6.01.01.
  • Christian Church — congregational in form — Annot. 15 A.L.R. 3d 297, at 323 (1967); Annot. 52 A.L.R. 3d 324, at 390 (1973).
  • Christian Reformed Church — representative in form — Annot. 52 A.L.R. 3d 324, at 423-425 (1973).

Churches 6 - 7

  • Church of Brethren — congregational in form — 77 C.J.S., Religious Societies, Sec. 36, n. 59; Annot. 15 A.L.R. 3d 297, at 319 (1967).
  • Church of Christ — congregational in form — Annot. 15 A.L.R. 3d 297, at 323, 327-331 (1967); Annot. 52 A.L.R. 3d 324, at 390 (1973).
  • Church of God — representative in form — Annot. 15 A.L.R. 3d 297, at 309, 311, 313, 315, 317, and 324 (1967); Annot. 52 A.L.R. 3d 324, at 386–390 (1973).
  • Church of God General Assembly — representative in form — Ferguson v. Poitier, 306 So.2d 212 (Fla. 4th DCA 1975).
  • Church of God of Prophecy — representative in form — Sustar v. Williams, 263 So.2d 537 (Miss. 1972).
  • Church of the Nazarene — representative in form — Louisiana District, Etc. v. Church of The Nazarene, 132 So.2d 667 (La. 1st CA 1961); Annot. 52 A.L.R. 3d 324, at 414 (1973).
  • Congregational Church — congregational in form — Annot. 15 A.L.R. 3d 297, at 325 (1967).
  • Disciples of Christ — congregational in form — Annot. 52 A.L.R. 3d 324, at 390 (1973).
  • Episcopal Church — representative in form — St. John's Presbytery v. Central Presbyterian Church, 102 So.2d 714, at 718 (Fla. 1958).
  • Evangelical Lutheran Church — representative in form — Franzen v. Poulos, 604 So.2d 1260 (Fla. 3d DCA 1992).
  • Evangelical United Brethren — representative in form — Annot. 52 A.L.R. 3d 324, at 384 (1973).
  • First Born Church of the Living God — representative in form — First Born Church, Etc. v. The First Born Church, Etc., 22 So.2d 452 (Fla. 1945).
  • Free Will Baptist Church — congregational in form — First Free Will Baptist Church v. Franklin, 4 So.2d 390 (Fla. 1941); Carroll v. Fellure, 185 So.2d 768 (Fla. 1st DCA 1966); Annot. 15 A.L.R. 3d 297, at 305, 311, 318, 324, and 326 (1967); Annot. 52 A.L.R. 3d 324, at 382 (1973).
  • Lutheran Church — generally, but not always, representative in form — Franzen v. Poulos, 604 So.2d 1260 (Fla. 3d DCA 1992); Annot. 70 A.L.R. 85 (1931); Annot. 15 A.L.R. 3d 297, at 313, 317, 318 and 324 (1967); Annot. 52 A.L.R. 3d 297, at 405 (1973).
  • New Jerusalem Church of God — representative in form — New Jerusalem Church of God, Inc. v. Sneads Community Church, Inc., 2013 WL 4859091 (Fla. App. 1st DCA).
  • United Methodist Church — representative in form — Montgomery v. Carlton, 126 So. 135 (Fla. 1930); St. John's Presbytery v. Central Presbyterian Church, 102 So.2d 714, at 6 - 8 Churches 718 (Fla. 1958); Annot. 52 A.L.R. 3d 324, at 409 (1973); In re Williams' Estate, 59 So.2d 13 (Fla. 1952). All sales must comply with The Book of Discipline of the United Methodist Church - 2016, §2540 for unincorporated churches and §2541 for incorporated churches; UMC General Counsel on Finance and Administration Legal Manual, Section 4.
  • Pentecostal Holiness Church — representative in form — Full Gospel Temple of Tallahassee v. Redd, 82 So.2d 589 (Fla. 1955); Rekas v. Polish National Catholic Church,West. Dio., 102 So.2d 705, at 706 (Fla. 1958);
  • Pentecostal Holiness Church, Inc. v. Mauney, 270 So.2d 762 (Fla. 4th DCA 1972).
  • Pilgrim Holiness — representative in form — Annot. 52 A.L.R. 3d 324, at 414 (1973).
  • Polish National Catholic Church — representative in form — Rekas v. Polish National Catholic Church, West. Dio., 102 So.2d 705 (Fla. 1958).
  • Presbyterian Church — representative in form — Townsend v. Teagle, 467 So.2d 772 (Fla. 1st DCA 1985); St. John's Presbytery v. Central Presbyterian Church, 102 So.2d 714 (Fla. 1958); Presbytery of the Everglades v. Morgan, 125 So.2d 762 (Fla. 3d DCA 1961); Annot. 52 A.L.R. 3d 324, at 417 (1973).
  • Primitive Baptist Church — congregational in form — Austin v. Mt. Zion Prim. Bapt. Church of W. Palm Beach, 165 So.2d 412 (Fla. 2d DCA 1964); Annot. 15 A.L.R. 3d 297, at 309, 331 and 335 (1967).
  • Unitarian Church — form not determined — Annot. 8 A.L.R. 105, at 118 (1920); Annot. 15 A.L.R. 3d 297, at 314 and 316 (1967); Annot. 52 A.L.R. 3d 324, at 426 (1973).
  • United Brethren Church — representative in form — Annot. 52 A.L.R. 3d 324, at 384 (1973). Wesleyan Methodist Church — representative in form — Nealey v. Butler, 187 So.2d 658 (Fla. 3d DCA 1966); Annot. 52 A.L.R. 3d 324, at 357 (1973).


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