Deed of Grant for an Exclusive Right of Burial
The Deed of Grant is an important legal document, that confirms you are the current legal owner of the Right of Burial in a named grave and this should be stored in a safe place.
Extent of purchaser's rights
Ownership of an Exclusive Right of Burial does not imply ownership of the land itself or the right to carry out any particular activity on the grave plot. The owner does not, however, own the land itself, the ownership of the cemetery land remains with the Council. However the registered owner of the Grant of Exclusive Right of Burial has the automatic right to be buried in the grave; and may also allow others to be buried in the grave (space permitting).
Renewal of exclusive right of burial
An Exclusive Right of Burial is currently granted for a period of 99 years only.
After this period has elapsed a letter of notification will be sent to the last known address of the person named on the Deed.
It is important therefore, that you inform us of any change in address, in writing, so that we can amend our records accordingly.
Once the Rights have expired, the ownership reverts to the Council. No further burials can take place until the grave is purchased again. The law allows the disturbance of human remains after 75 years from the date of the last full burial in the grave.
Use of the grave for burial
Where an Exclusive Right of Burial has been granted in respect of the grave and a request is made to prepare it for a burial, the Deed of Grant must be presented at the Cemetery Office.
If the Deed of Grant is lost, the person requesting that the grave be opened, must make a statutory declaration under oath, that they have the right to do so. Possession of a Deed does not in itself give any person the right to have a grave opened, as that right lies only with the person named on the Deed.
Transfer of exclusive right of burial
If you wish to transfer an exclusive right of burial to another person, you can do so by means of a statutory declaration form obtainable from the cemetery office.
This will need to be filled in accurately, is a legally binding document and must be witnessed by a Commissioner for Oaths, Solicitor or Justice of the Peace and returned to the cemetery office, after which, a new Deed of Grant will be issued.
There may be a charge for this service.
It is important to note that a Transfer of Exclusive Right of Burial does not alter the expiry date of the original right of burial.
A fee is payable to Orbitas Bereavement Services, Limited for this service.
The person named on a Deed as owner of Exclusive Right of Burial in a grave also has the right to have a memorial erected on that grave.
However, before doing so a formal application for a permit must be made to the Cemetery Office giving full details of the memorial, this function is carried out by utilising the services of a Stonemason. Please note that only Stonemasons included on our Approved List may erect memorials in our cemeteries
Responsibility for any memorial erected on a grave lies with the person named on the Deed pertaining to it.
That person should be aware of the possibility of an unsafe memorial falling on visitors to the cemetery, or cemetery staff with possibly fatal results. Even small memorials can cause serious injuries, particularly to young children.
The safety of memorials is of great concern to the Company and any memorial which is considered a potential safety hazard may be re-affixed or laid to the ground without notice and all costs recharged back to the owner.
Sometimes nearby graves may need to be reopened and your memorial may need to be moved. To avoid delays to funerals, prior notice is not always possible. There are several reasons for moving memorials they are:
- To gain access.
- To protect the memorial from damage.
- To protect cemetery operatives from danger.
It is very important that you let the Cemeteries Office know if there is any future change of name or address.
Damage to graves
Orbitas Bereavement Services will not be held responsible for any damage caused to a grave or memorial, except where it can be proven, that the damage is the result of grave digging or grounds maintenance operations.
It is strongly recommended that memorials are insured against all eventualities, your chosen stone mason may be able to assist you with this.
All vases, statues, plants and flowers etc. that are left on graves are left at the owners risk and it is recommended that such unfixed items are marked with the grave number and the name of the deceased to identify them and reduce their value to possible theft.
Anyone witnessing any criminal act in the cemetery grounds should report the matter to the local police and to the cemetery office.