grave ownership

[Guy Etchells]

Hi all,

If you had an ancestor [in this case my g.g.g.aunt - blood relative] who has been buried in a 'family' grave - alone - is it possible to 'claim' the grave and ask to be buried in the same grave?

Elaine

It depends on the circumstances, the basic answer should be no, but some vicars will allowit to happen.
If the grave plot is an old one bought when "in perpetuity" meant forever then the person who owns the plot is the person who inherited in the same order as any other land.

However overtime the meaning of "in perpetuity" changed from forever, to 100 years, to 50 years and now means as little as 28 years.

Cheers
Guy

[Redroger]

I think in some places grave plots are leased, not owned.  If we all owned 2 square metres of land in perpetuity, the world would be full of gravestones within 500 years, and there would be no room for the living.  It's so sad to wander round graveyards and see the tombstones that are less than 200 years old, but which are unkempt, unvisited and unknown.

Agreed Nick, Sooner rather than later we, or our immediate descendants, will have to grasp the nettle of over crowded graveyards which was at least grasped by the Victorians. With the current population pressure on land people will either have to put their scruples away or be overwhelmed by the dead.

[CumberlandKitchens]

 Not sure if this is a Furphy, but years ago, in the 1960's coming from JFK Airport to Manhattan I was told when passing a Cemetery that since WWII new burials were made to have the Coffin standing up.

Sounded like a great sstory at the time.

Alan

[Redroger]

Yes, I believe that happens in parts of Italy (Sicily?) too. They also have the common sense to remove the bones from graves after a period and store them in what is known as an ossuary. Saves space, and is quite reverent. After all Christianity is about the resurrection of the spirit. If we all come back on judgement day in the flesh, it is going to be very very crowded.

[lainie3961]

Hi Guy,

You said that it depended upon the circumstances? [just in case your answer may be different!!?] the grave was bought by her brother's executors in 1906 and she was interred in 1947 aged 95. I have got to the end of the story regarding family wills yet - but I just thought that if there were closer interested family you would have thought that someone would have been buried in the grave by now?

The grave is in a municipal cemetary in 'company' land not council [dont know whether this makes any difference]

[Guy Etchells]

Hi Guy,

You said that it depended upon the circumstances? [just in case your answer may be different!!?] the grave was bought by her brother's executors in 1906 and she was interred in 1947 aged 95. I have got to the end of the story regarding family wills yet - but I just thought that if there were closer interested family you would have thought that someone would have been buried in the grave by now?

The grave is in a municipal cemetary in 'company' land not council [dont know whether this makes any difference]

You will probably find that the burial plot comes under the remit of the Statutory Instrument 1977 No. 204 - The Local Authorities’ Cemeteries Order 1977

This basically restricts ownership to a maximum of 100 years.

The cemetery authority should have details of the ownership of the plot and may if they think you have a reasonable right allow you to take over the rights to the plot.
They may even ask that you re-purchase the plot.

However if the plot has rights under the Burial Act of 1852 then it could be owned in perpetuity and the Authority will not have the power to resell the plot.
I think it more likely that they will be amenable to your suggestion and allow you to purchase the plot for a limited number of burials.
Cheers
Guy

[lainie3961]

Hi Guy,

Thanks for your reply.

This is gonna costs me buckets loads though isnt it???  [Despite the family already buying the grave - they can charge me again?] I just thought - a family grave not full - burial in an historic cemetary - what more could a girl ask for??  I had even talked myself into being buried rather than cemated just to be buried in an historic cemetary! [and this took some doing for me to decide  ]

There seems to be an awful lot of money to be made through death! - about as much a through being a vet treating small domestic animals! I am definately in the wrong business!!

[Guy Etchells]

Why not try for permission to have your ashes buried in the plot?
That may be a cheaper option.
It would still be worth discussing the matter with the cemetery authorities to see what your options are and the costs of each, you may be surprised.

Cheers
Guy

[Wiggy]

That's a good suggestion Guy!    I like that one and it is definitely worth looking into for our family!!

Wiggy