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Hi
This is the first time I am posting on this forum. Its very possible I have posted this in the incorrect space on this forum and if this is the case can anyone please advise the correct space?
I have a number of questions in respect of the 'exclusive right of burial'.
The circumstances are that my mother passed away in November of 2021 and was buried in a local authority controlled cemetery local to where we live in the UK. The paperwork in relation to the burial was all arranged by the local Church I attend. Unknown to me at the time I have since become aware that the grave space used for the burial is in fact a double grave situation and the Church apparently have a right to be able to arrange another burial on top in the same grave space. This of course raises a number of legitimate concerns to my mind. Having tried to speak to those in the committee that run the Church it has become clear to me that my concerns are falling on deaf ears and I need to know where I stand legally with this. I am aware that there are other grieving family members who have lost loves ones who are in the same position as I. Chiefly, I have the following questions:
1). My understanding is that the use of the grave results in the grant of an exclusive right of burial for a set period of time in years and with that grant or deed comes a right to be able to place a memorial of an agreed size and type when I choose to do so. Is that correct?
2). In a double grave situation, would there effectively be 2 grants of exclusive rights of burial or just the 1 for each double grave space that currently exists in the name of the Church?
3). If the Church do not agree to complete a transfer of deed document transferring ownership to me (upon any payment they may ask for and for which I am willing to give), is there anything I can do in respect of that?
4). Under what aspect of English Law would I be seeking to challenge this scenario if it were to go to Court? I presume this straddles a number of areas, eg consumer law, lease law, land law, contract law or general dispute? Which one single area of law or combination would I be seeking to raise a challenge?
5). Would any alternative dispute resolution ie mediation be necessary if they are not willing to speak to me prior to going to Court?
6). I have heard that a pre action protocol letter per the Civil Procedure Rules could be used, is this an accepted method of resolution in such disputes?
7). What aspect of law has brought about the use of double grave spaces? As far as my understanding is, according to the local authority the land was sold (not sure on what basis) back in 2009. Is it any section of the CoVid 19 Act that has brought about this change as I have never heard of a double grave space prior to the pandemic?
8). I have an invoice produced by the Church following burial which I have paid in full. Am I right in saying that there is effectively a contract here in existence and I have performed my side of the contract by making the payment although the Church have not performed their side as they are not willing to transfer the deeds into my name?
9). Is there any claim I can bring for withholding my right to erect a memorial on the grave as I would need to have the deeds in my name?
I apologise for the length of this post and for the number of questions. I am happy to answer and further questions you may pose prior to my getting any reply.
Many Thanks and Regards
This is the first time I am posting on this forum. Its very possible I have posted this in the incorrect space on this forum and if this is the case can anyone please advise the correct space?
I have a number of questions in respect of the 'exclusive right of burial'.
The circumstances are that my mother passed away in November of 2021 and was buried in a local authority controlled cemetery local to where we live in the UK. The paperwork in relation to the burial was all arranged by the local Church I attend. Unknown to me at the time I have since become aware that the grave space used for the burial is in fact a double grave situation and the Church apparently have a right to be able to arrange another burial on top in the same grave space. This of course raises a number of legitimate concerns to my mind. Having tried to speak to those in the committee that run the Church it has become clear to me that my concerns are falling on deaf ears and I need to know where I stand legally with this. I am aware that there are other grieving family members who have lost loves ones who are in the same position as I. Chiefly, I have the following questions:
1). My understanding is that the use of the grave results in the grant of an exclusive right of burial for a set period of time in years and with that grant or deed comes a right to be able to place a memorial of an agreed size and type when I choose to do so. Is that correct?
2). In a double grave situation, would there effectively be 2 grants of exclusive rights of burial or just the 1 for each double grave space that currently exists in the name of the Church?
3). If the Church do not agree to complete a transfer of deed document transferring ownership to me (upon any payment they may ask for and for which I am willing to give), is there anything I can do in respect of that?
4). Under what aspect of English Law would I be seeking to challenge this scenario if it were to go to Court? I presume this straddles a number of areas, eg consumer law, lease law, land law, contract law or general dispute? Which one single area of law or combination would I be seeking to raise a challenge?
5). Would any alternative dispute resolution ie mediation be necessary if they are not willing to speak to me prior to going to Court?
6). I have heard that a pre action protocol letter per the Civil Procedure Rules could be used, is this an accepted method of resolution in such disputes?
7). What aspect of law has brought about the use of double grave spaces? As far as my understanding is, according to the local authority the land was sold (not sure on what basis) back in 2009. Is it any section of the CoVid 19 Act that has brought about this change as I have never heard of a double grave space prior to the pandemic?
8). I have an invoice produced by the Church following burial which I have paid in full. Am I right in saying that there is effectively a contract here in existence and I have performed my side of the contract by making the payment although the Church have not performed their side as they are not willing to transfer the deeds into my name?
9). Is there any claim I can bring for withholding my right to erect a memorial on the grave as I would need to have the deeds in my name?
I apologise for the length of this post and for the number of questions. I am happy to answer and further questions you may pose prior to my getting any reply.
Many Thanks and Regards
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