Editor's notes.

- In light of the similarity of the provisions, decisions under former Code 1882, § 2343, and former Code 1933, § 22-409, are included in the annotations for this Code section.

Interpretation of language of deeds.

- The trustees of a local church properly obtained property by a deed stating the property was granted to the local church, its successors, and assigns, in fee simple, because the language of the deed contemplated successors and assigns, which the parent church, being hierarchical, had become under its disciplinary rule that "The Association (parent church) shall hold all church property, regardless if members vote to change the church to some other faith." Crumbley v. Solomon, 243 Ga. 343, 254 S.E.2d 330 (1979).

O.C.G.A. § 14-5-46 is limited on the statute's face to "deeds of conveyance," and nothing in the language of O.C.G.A. § 14-5-46 limits the statute's application to the rules of a national church; in applying neutral principles of law, a court cannot ignore relevant statutes, documents of the local body, or the actual language of the relevant deeds, in favor of the rules of the national body, and O.C.G.A. § 14-5-46 is to be read in harmony with the principles established for the resolution of church property disputes: a court applies neutral principles of law to the intents, uses, and purposes contained in the deeds of conveyance, as well as the mode of church government or rules of discipline exercised by such churches or religious societies, on the local, regional, and national level as those pertain to the property at issue. Timberridge Presbyterian Church, Inc. v. Presbytery of Greater Atlanta, Inc., 307 Ga. App. 191, 705 S.E.2d 262 (2010).

Because the deeds at issue did not convey property to trustees, nor to the regional body representing a national church or the national church, but simply to a local church, O.C.G.A. § 14-5-46 could not be applied without reference to other statutory and case law, particularly when the imposition of a trust was alleged in the absence of any reference in the deeds; the requirements of the Georgia Trust Act, O.C.G.A. § 53-12-20, were consistent with determining the intentions of the parties by applying neutral principles of law to all the relevant deeds, statutes, constitutions, and charters of the local and national churches. Timberridge Presbyterian Church, Inc. v. Presbytery of Greater Atlanta, Inc., 307 Ga. App. 191, 705 S.E.2d 262 (2010).

Adverse possession.

- Possession of property for the use of a church by the constituent membership in possession of the church as such an entity is recognized by statute in this state, and if continued adversely for the prescriptive period, it will support prescriptive title. Slaughter v. Land, 194 Ga. 156, 21 S.E.2d 72 (1942); Bridges v. Henson, 216 Ga. 423, 116 S.E.2d 570 (1960) (decided under former Code 1933, § 22-409).

Cited in Carden v. LaGrone, 225 Ga. 365, 169 S.E.2d 168 (1969); Carnes v. Smith, 236 Ga. 30, 222 S.E.2d 322 (1976); Jones v. Wolf, 443 U.S. 595, 99 S. Ct. 3020, 61 L. Ed. 2d 775 (1979).

When local church estopped to deny existence of trust.

- When the trustees of a local church held church property and participated in making the association's (parent church) disciplinary rule that "The Association shall hold all church property, regardless if all members vote to change the church to some other faith," and did not contest its validity for 30 years, the local church could not deny the existence of a trust for the benefit of the general church. Crumbley v. Solomon, 243 Ga. 343, 254 S.E.2d 330 (1979).

When church documents irrelevant.

- Church documents that speak to resolution of doctrinal disputes and are silent as to which persons have the right to enjoy and to use the church property in the event of a schism at the local level are irrelevant to the question of which factions within the local congregation have the right to control the actions of the title holder, and thereby the use of property. Jones v. Wolf, 244 Ga. 388, 260 S.E.2d 84 (1979), cert. denied, 444 U.S. 1080, 100 S. Ct. 1031, 62 L. Ed. 2d 763 (1980).

Statute inapplicable if no deed of conveyance.

- O.C.G.A. §§ 14-5-46 and14-5-47 were not applicable to a national church's action to quiet title in property held by a local church because there was no deed of conveyance to the trustees of the local church; two recorded title affidavits executed by lifetime attendees of the local church, one 79 years old and the other 80, asserted there had never been a question concerning the church's right of ownership of the property, but recorded affidavits relating to land are not conveyances or a legal proceeding by which one could attack the title to realty or cure a defect in the title, O.C.G.A. § 44-2-20. Kemp v. Neal, 288 Ga. 324, 704 S.E.2d 175 (2010).

Presumptive rule of majority representation.

- Georgia has adopted for use in church local schism cases a presumptive rule of majority representation, defeasible upon a showing that the identity of the local church is to be determined by some other means, which presumption is overcome under Georgia law by an application of "neutral principles" of law, that is, state statutes, corporate charters, relevant deeds, and the organizational constitutions of the denomination. Jones v. Wolf, 244 Ga. 388, 260 S.E.2d 84 (1979), cert. denied, 444 U.S. 1080, 100 S. Ct. 1031, 62 L. Ed. 2d 763 (1980).

Principle of presumptive majority rule in local schism cases may be overcome by reliance upon neutral statutes, corporate charters, relevant deeds, and the organizational constitutions of the denomination. Jones v. Wolf, 244 Ga. 388, 260 S.E.2d 84 (1979), cert. denied, 444 U.S. 1080, 100 S. Ct. 1031, 62 L. Ed. 2d 763 (1980).

Trustees empowered to act regardless of recordation of appointment.

- Deeds to land made to trustees of religious societies are valid, and trustees of such societies, whether original trustees or successor trustees, are empowered to act for such societies in relation to such property whether the appointment of the trustees has been recorded or not. Jackson v. Oliphant, 88 Ga. App. 313, 76 S.E.2d 625 (1953) (decided under former Code 1933, § 22-409).

Trustee had no authority to act.

- In a quiet title action involving church property, the trial court erred in making the legal conclusion that the founding pastor held the church property in fee simple absolute instead of in trust for and on behalf of the religious corporation as Georgia law expressly authorizes the creation of religious land trusts and the deed expressly referred to the pastor as a trustee. As such, the trial court erred in ruling that fee simple absolute title to the property vested in another congregation by virtue of a 1998 warranty deed executed by the pastor as the pastor had no legal authority to transfer the property without the consent and approval of the religious corporation. Second Refuge Church of Our Lord Jesus Christ, Inc. v. Lollar, 282 Ga. 721, 653 S.E.2d 462 (2007).

Trust attaches to office not office holder.

- Title to property conveyed to a bishop for use of the church in fee simple, does not attach to the bishop's person, but to the office of bishop, and passes to the bishop's successor in office. Beckwith v. Rector, 69 Ga. 564 (1882) (decided under former Code 1882, § 2343).

Suits by trustees against holdover tenants.

- Trustees of an unincorporated religious society, holding title in themselves to the society's real property, may bring a dispossessory proceeding (or distress warrant for rent) through their secretary and agent against a tenant in possession of the property who is holding over and beyond the term and who refuses to pay rent. Jackson v. Oliphant, 88 Ga. App. 313, 76 S.E.2d 625 (1953) (decided under former Code 1933, § 22-409).

C.J.S.

- 77 C.J.S., Religious Societies, § 83.

ALR.

- Consolidation or merger of churches of same denomination as affecting property rights, 66 A.L.R. 177.

Undue influence in nontestamentary gift to clergyman, spiritual adviser, or church, 14 A.L.R.2d 649.

Determination of property rights between local church and parent church body: modern view, 52 A.L.R.3d 324.