Can a church lose its property if it ceases to use it for religious purposes?
That was the issue before the Supreme Judicial Court of Massachusetts in a recent case. A church obtained its property in 1941 by a quitclaim deed that contained the following clause: “It is further understood and agreed that said premises are to be held by said [church] as a parsonage for the minister of said church as a parish house and if said [church] should ever cease to carry on the adjoining property as a church for its own use or if said premises shall ever cease to be used by said church as a parsonage or parish house or for other religious purposes, then said premises shall revert to me [or my heirs].” The person who deeded the property to the church died in 1962. Beginning in 1978, the church ceased using the premises as a parsonage and except for one room no part of the premises were used by the church for religious purposes. Accordingly, the court ruled that the property was now owned by the heirs of the previous owner. What is the significance of this interesting case? Ma
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