Cemetery regulations

Exclusive rights of burial (grave ownership)

The rights to a grave are called the exclusive right of burial. This is what someone buys when they buy a grave space. The grave owner has the right to be buried in this grave. The owner can allow other burials or memorials to be placed on the grave. All burials and memorials need to fit in with the rules and will need the correct paperwork. The rules of the graves are given to the owner when they buy the grave.

Private graves will be dug to the right depth decided by the Council. Some graves have different rules which the cemetery staff will follow if they can. The correct paperwork and payments are needed to prepare a grave.

Graves are set out in each area by the cemetery manager. It is not possible to choose one grave location. You can ask for a grave to be set out in an area that is religious. The cemetery manager will find the right area from the information given on the paperwork.

Sometimes things will stop the cemetery staff from being able to use all of the space in a grave. The Council is not responsible for things that happen that they cannot control. Sometimes things might stop us from using space in a grave.

One extra grave can be bought when a burial is booked. We will try to give the grave next to the one to be used but cannot always make this happen. Graves cannot be bought when there is no burial to be arranged. The right paperwork will be required to allow this.

The exclusive right of burial is given for the owner to be buried in that grave. The owner can allow authorise other burials to take place in the grave. In writing the grave owner will need to let the cemetery office know that they have the grave ownership paperwork (called the Deed of Grant).

The exclusive right of burial at Sutton Road Cemetery will be given for a set number of years when you buy a grave. The years given for each grave area are:

  • plots LL and West border cremated remains graves are given for 75 years
  • plots MM to QQ are given for 50 years

We might be able to extend the rights for a grave for more years. If we can do this the most number of years we can add for West border cremated remains graves is 50 years. For other graves, the most we can add is 25 years.

100 years is the most we can allow on any grave before the Council can re-lease the exclusive right of burial.

The owner or right person may be able to update the exclusive right of burial in the last year. Sometimes this can happen after the last year of ownership. There are some rules to do this. The rules may change over the years. The cemetery office can provide the latest information and guide to help.

When the years of ownership run out and it has not been renewed, the council can allow someone else to buy the grave. The Council will try to contact the owner at the time the grave ran out to give them a chance to renew the grave rights.

If no type of burial has taken place in the grave, the owner of the exclusive right of burial can give the grave back. The owner could be given back 75% of the original purchase price paid. We cannot give a refund if the exclusive right of burial finishes within ten years.

When the cemetery office needs to transfer the ownership of a grave we will need to follow some rules. The cemetery office will need the right paperwork and can help with this information. We can tell you what the fee is. The transfer of ownership must be registered in the records of the Cemetery and the correct fee paid. Sometimes we cannot change ownership. If we cannot properly change ownership, we might not be allowed to use the grave.

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