Q: Can a retired pastor in AL legally sell a church without congregation's consent?
Can a retired pastor single-handedly put our church in Alabama up for sale without notifying the congregation, trustees, or the governing bodies? Our church, which has been part of a non-denominational assembly for over 75 years, is owned by the congregation, and there's no formal documentation of ownership outside this communal agreement. Recently, the retired pastor reinstated himself without approval and, along with five others, decided to list the church for sale on Facebook without full disclosure to our members or a discussion with our assembly leaders. Considering there are no formal bylaws or legalities, should we contact the realtor to understand their legal standing on listing our church, and what steps can we take to contest this sale?
A:
The first question is: in what name is the title to the land held? It could be corporation, private party, religious non-profit, and passed to the church by a happy widow who never signed a deed. A seller cannot sell without title. No title insurance company would insure it, and no fire insurance company should either. Go to the courthouse on a quiet day and ask the clerk to help you find the "chain of title" to the land on which the church sits.
The second question is: what is the governing structure for the church? If it's Episcopalian or Methodist, then there is likely a bishop. If it is a congregational church, e.g., almost all Baptist churches and independent churches, then the pastor's powers are usually limited to pastoral matters and a board of deacons/overseers/trustees controls all the property and money... unless, all of them are resigned or dead, and the pastor is the last man standing on the board.
Get some facts, and go talk to a property lawyer in your area.
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