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Cemetery rules and regulations - Conditions regulating exclusive rights of burial
Conditions regulating exclusive rights of burial
36. The exclusive right of burial (ERB) may be purchased for a grave. This right of burial can be purchased for a period of up to a maximum of 100 years from the date of purchase, subject to the area of burial. 100 years' grants are not available in all areas.
The purchaser is not buying the grave freehold and does not own any land. The person who has purchased the right of burial can determine who may be interred in the grave. Notwithstanding this, the burial authority will determine the total amount of burials and/or cremated remains that may be interred in each grave.
37. The Exclusive Rights To Burial may, at the discretion of the Burial authority, be renewed for a further period of time on expiry.
38. The Deed of Grant issued in relation to the purchase of an exclusive burial right is an important document and should be kept in a safe place. This grant must be presented to the bereavement office by the funeral director before the grave can be opened.
39. The Exclusive Rights To Burial can be transferred to another person by assignment for which a fee is payable to the Burial authority. Equally it can also be bequeathed in a will. The burial authority encourages the Exclusive Rights To Burial Holder to ensure that other family members are aware of the existence of the Deed of Grant.
40. Any change of address must be notified to the burial authority in order that up-to-date records are maintained and so that the burial authority is able to contact Exclusive Rights To Burial Holder as and when required. No responsibility can be accepted for information which does not reach a grave owner if the burial authority has not been informed about a change of address.
41. Graves for which the exclusive right of burial applies can only be opened with the written consent of the person to whom the Deed of Grant is issued, unless the interment is to be that of the deed holder, before which the exclusive Right of Burial must be updated with the new deed holder details. Until the Deed has been updated no interments will take place, excepting in the event that a Power of Attorney exists in relation to the Deed holder, in which case interments in the grave will be at the discretion of the burial authority. A transfer of the Exclusive Rights To Burial may be required before an interment.
42. An interment fee is payable each time a grave is reopened.
43. In the event that the Exclusive Rights To Burial Holder of an exclusive right of burial wishes to return this right to the burial authority details of the process will be provided on request. No refund will be made if any burials have been made in the plot. In the event that the plot is empty a refund will be payable according to the amount of unexpired whole years remaining on the exclusive right. An administrative fee and VAT will be charged. Full details will be provided on application to the burial authority.
44. The burial authority would normally expect the Deed of Grant to be purchased by the next-of- kin or other close family member. The burial authority will refuse to allow the purchase of a Deed of Grant to a third-party if, in the opinion of the Burial authority:
i) Such a purchase would present a third party with the opportunity to decide who could, and who could not, be buried within the cemetery.
ii) Such a purchase would provide an opportunity for the third party to profit from the use of the grave.
iii) Such a purchase would create a lack of clarity for future management issues, particularly the ownership of, and liability for, any memorial erected on the grave.
