Legal Definitions - dilapidations, action for

Definition: Dilapidations, action for, refers to a legal action taken by a new incumbent of a benefice to claim damages for the disrepair of buildings or houses on the benefice. This action is taken against the executors or administrators of the previous incumbent who is not liable for the disrepairs while living.

The incumbent of a benefice, whether it is a rectory, a vicarage, or a chapel, is responsible for maintaining the parsonage, farm buildings, and chancel in good and substantial repair. They must restore and rebuild when necessary, according to the original plan. However, the incumbent is not responsible for supplying or maintaining anything in the nature of ornament.

Example: If a new vicar takes over a church and finds that the roof is leaking, the walls are damp, and the windows are broken, they can take legal action against the executors or administrators of the previous vicar to claim damages for the disrepair of the church building.

Explanation: This example illustrates how a new incumbent can take legal action to claim damages for the disrepair of buildings or houses on the benefice. The new vicar is responsible for maintaining the church building, but if they find that the building is in disrepair due to the negligence of the previous vicar, they can take legal action to claim damages.