RootsChat.Com
General => The Common Room => Topic started by: millymcb on Sunday 18 February 07 21:54 GMT (UK)
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Something I've been wondering..perhaps someone can help satisfy my curiosity...If an old grave is "freehold" doe that mean that the person bought that bit of land for ever? Can it then be inherited? And does whoever inherits get to be buried there too if they want? And how long would that last down the generations? And would you actually need to have the certificate?
And if it's not freehold then would it be "rented" for a certain number of years just for those particular people.
I'm not planning on hopping into some old rellie's grave of course but it just got me thinking.
;) ;)
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Purchased Grave: Sunderland City Council
The applicant purchases the Exclusive Right of Burial in this grave,
effectively forming a private grave and giving the family of the deceased control of any future burials in that grave. The owner of the Right must give written permission before any burial can take place in a purchased grave.
The Exclusive Right has a fixed term - currently 100 years after which time control of the grave is returned to the City. The Right is, in essence, a lease and does not imply ownership of the ground, or confer any additional entitlement.
Stan
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The relationship of the ownership of a freehold grave to the church should be exactly the same as the ownership of a freehold property or piece of land is to the queen.
In neither case is it actually owned but it is free of any rent and can be passed on to descendants and the freehold sold to other people. This is the meaning of freehold.
David
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In the Church of England the Freehold of both the church and the churchyard are the prerogative of the incumbent, in joint possession with the parochial church council. Although every parishioner has the right of burial within his parish, neither a parochial church council nor any local authority is under a legal obligation to provide burial space.
In private cemeteries you can purchase the freehold, but in municipal cemeteries the position is as I posted before.
Stan
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Stan may well be correct that the Anglican Church does not have freehold graves but I know that some non-conformist churches do. A church that I was involved with some years ago sold the freehold of both existing graves and new plots to raise money for major roof repairs.
David
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Thanks. Very interesting. I've found a few at Philip's Park Cemetery and Southern Cemetery in Manchester which I am presuming are Municipal sites. I guess the rules vary depending on where you are buried.
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From the Manchester City Council web site:
When your purchase a private grave you are issued with a Deed of Grant and your name is registered in the cemetery records as the owner of the burial rights for 50 years, subject to extension on the conditions then in force.
Stan
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Citizens may buy a grave plot in Manchester cemeteries for a period of up to 50 years. There may be conditions attached to the purchase according to the type of grave i.e. whether a memorial can be placed on the grave etc.
When the registered owner dies, the title to the grave passes to the executors or administrator or, if there are none, to his or her next of kin.
The registered owner (or the executors or administrator after his or her death) can transfer the title to the grave to another person. Transfers of title are not valid unless registered at a cemetery office, where you may obtain advice on the procedure and the necessary forms.
Stan
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Thanks. I can stop wondering now! :) :) :)