Wednesday, March 21, 2012
Mark Roark points us toward this delightful discussion of church pews and servitudes:
In general, the entitlement to seating in a church in English Common Law was perceived to be a common right of the parishioners. That is, the community held the same equal right of access to sit wherever they like. But some instances warranted greater certainty of seats for some over others. So how does one enforce such expectations (you know, without being so tacky as having the pastor withhold holy communion from someone that won’t agree) — property. And particularly, either creating a servitude or a prescriptive claim.