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By Fr Martin Sirju
Archdiocesan Finance Officer |
I thought of shortening the report on this segment - “Diocesan Property Management and Maintenance, Administration and Archives” - chaired by Alnita Simmons (Castries), but then I thought better of it: the matters discussed were too important to be left out and impinge directly on parish life.
It was interesting to hear all the older dioceses sharing basically the same problems and concerns regarding property management and administration. These include:
- Getting legal documents in order: Surveys and deeds of much parish property are not present at the Chancery and the fiscal officers and business managers are busy obtaining the same. The matter sometimes becomes contentious, as in the case of St Lucia, where the State has claimed two Catholic schools as their own since the Church was unable to provide “absolute title” to lands on which the schools were situated. The Church is now pursuing reclamation of the land (and hence reclamation of the schools) via the argument of “prescriptive rights”.
- Unapproved sales: Sale of much parish property was done without notification of the Chancery and records were kept in the parish and not forwarded to the Chancery. In the process many receipts, deeds, cadastral sheets and survey plans were lost with priests coming and going, and some of them not taking much interest in the administration of parish goods. Property was also sold far below market value to businessmen who secretly gloated over the anticipated financial windfall.
- There is tremendous squatting in the older dioceses, some of these matters even reaching the courts. In some instances the Church lost cases since it was unable to furnish valid legal documentation.
- Cemeteries are in need of reordering as graves are unmarked and not properly maintained.
- There have been cases of forgery, as persons with contacts in the land registry have got “friends” to alter Church documents so as to lay title to Church land.
Some delegates gave details particular to their diocese. Fr Karel Choennie (Vicar General, Paramaribo) told us that Bishop De Bekker brought in a team of experts from Holland to review financial matters.
He said the experts insisted that, “you must make the land work for you” i.e. gain the best profits from available land. He even advised not letting bishops and priests handle these matters since unscrupulous businessmen often see them as “soft targets”.
Fr Karel said that all Catholic schools have to pay a sum to the diocese for property maintenance. Bermuda delegate Joanne Judd remarked that her diocese could not possess land until 1950, which explains why all land matters are up to date.
Dawn Phillip added that Mandeville was essentially problem free in this regard but Fr Rochard retorted that that was because they were a “baby diocese”.
Regarding squatting, Fr Rochard said that the parish priests must send letters to all squatters once per year reminding them of their status and non-payment of rent. This gives the Church legal leverage should squatters appeal to prescriptive rights laws.
What are the good things happening in property management in the member dioceses? These can be summarised as follows:
- Much centralisation is taking place but not to the detriment of the parish. The Chancery now emphasises that the bishop is the only one who can give permission to purchase, sell or lease land and all land transactions are done in his name as “corporation sole”.
- Property management teams are no longer heavily clerical; they include experts like engineers, lawyers, architects and bankers so that it may no longer be said that “the children of the world are more astute in dealing with their own kind than are the children of light” (Lk 16:8).
- Cemetery maintenance is now being taken more seriously. Fr Rochard speaking for the Archdiocese of Port-of-Spain insisted that a Cemetery Maintenance Officer – not the cook, maid or secretary, mind you! - be appointed in each parish. It must be made clear that one may lose title to a cemetery plot if the grave lies unmaintained for a number of years, as often happens when relatives visit the cemetery looking for a family plot that no one has maintained for 20-30 years. In leasing a plot the onus is on the family to maintain it, not the Church. Some parishes have faced litigation as parties squabble over disputed plots … and over the dead! It is hoped that we will all let the dead rest in peace.
Pulling the discussion together delegates came up with some general guidelines for each diocese:
- The Chancery must be in charge.
- Only the bishop can purchase, sell or lease land since he is the corporation sole. Priests have limited or delegated authority in this matter.
- All original documentation must be kept in the Chancery and not the parish; the parish may keep copies.
- Ensure a numerical filing system or the equivalent.
- Ensure thorough searches for all property.
- Have in place a consistent and comprehensive maintenance plan; ensure it is part of the parish’s annual budget.
- Visit vacant properties and ensure their proper management.
- Retain the services of an attorney to review all searches every 10-15 years.
Renee Knowles (Nassau) commented on no. 5 saying that post-hurricane inspection in the Bahamas showed that many buildings were easy victims since they were not properly maintained.
Re. no. 6, Fr Rochard asked who manages land in a parish that the parish does not use (e.g. if someone has left the Church an estate). Renee responded that the parish priest had to manage it but it was diocesan land i.e. the parish does not have rights to the income from that land unless the bishop approves it.
She also added that all parishes must regularly update the market value of their land since the Church has been exploited in the past when it sold land below market value.
Finally, a word for the scientifically minded: Deacon Clive Chambers (Kingston) mentioned that they have enlisted the help of a young, bright professor who is doing mapping of parish boundaries via statellite.
Could we save ourselves some unnecessary work by enlisting the help of our Catholic experts in the physics and engineering departments? |