Dilapidation

Dilapidation, in English law, is where an incumbent suffers his parsonage-house or outhouses to fall down, or be in decay, for want of necessary reparation; or pulls down or destroys any of the outhouses or buildings belonging to his living; or destroys woods, trees, &c.; for it is said to extend to committing or suffering any wilful waste on the inheritance of the church. Dilapidation is a species of the legal injury known as Waste (q.v.). A rector or vicar is bound to keep his residence and the chancel of the church in repair, but not to supply or maintain anything in the way of ornament, as painting, white-washing, or papering. An ecclesiastical person suffering the church-property to get out of repair is subject to an action for dilapidation at the instance of his successor; and the money so recovered must be applied to the repairs. By 5 and 6 Vict. chap. 108, being an act to empower ecclesiastical corporations to grant long leases, it is provided that the incumbent shall not be liable for dilapidation occurring during such leases. By 34 and 35 Vict. chap. 43, amended by 35 and 36 Vict. chap. 96, a surveyor of dilapidations is appointed in each diocese. Such surveyor, when so ordered by the bishop, may inspect and report on the buildings of a benefice which is not vacant. But the bishop can issue such orders only on receipt of a complaint from the archdeacon, the rural dean, or the patron of the benefice, that the buildings of the benefice are dilapidated; and must give a month's previous notice to the incumbent, who is entitled to state written objections to the report within a month, whereupon the bishop may either call in another surveyor to report on the issues of facts, or take counsel's opinion on the issues of law, the incumbent paying the cost of such proceedings, and being obliged to comply with the bishop's final decision. The incumbent must execute the works specified in the report, as settled by the bishop, in the manner and within the time therein prescribed, or such longer time as the bishop may appoint in writing. Or he may, with consent of the bishop and the patron, and the surveyor's approval, substitute other works for them. The act also applies to cases of dilapidations in vacant benefices. The sum for repairs named in the bishop's order in those cases is a debt due from the late incumbent, his executors and administrators, to the new incumbent, and is recoverable at law or in equity. For the corresponding Scottish law, see HERITOR, MANSE.