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Please Note a Grave is never bought –
Only Burial Rights
Q Why are graves dug so deep? (it's distressing to see the coffin go down
so deep).
A Graves have to be dug to a sufficient depth to allow for future burials
to take place. Therefore the grave needs to be deep enough to allow not
only for the depth of the coffins / caskets that will be buried but also
to accommodate legal requirements of undisturbed earth to be between each
coffin and the amount of earth that must cover the last interment.
Q Why are there so many different types of grave available at some
cemeteries?
A Some authorities have introduced a wide range of graves to give people
as many options as possible when arranging the burial of a loved one. For
many the lawn grave is considered to be the best option but for others a
more traditional, elaborate and larger type of memorial is required.
Burial above ground in a Catacomb is available at some Cemeteries as are
vaults, brick graves and mausolea. It is really a matter of choice.
Wigan only has lawn grave spaces.
Q I have a lawn grave. Why can’t I put a full memorial over the surface of
the grave?
A The lawn grave was designed on the war grave principal (to have only
memorial of limited size at the head of the grave with the rest of the
grave laid to lawn). In this manner the limited area available for burial
is best utilised. In addition maintenance is easier to accomplish with
large mowing machinery being used to keep the area in a neat condition.
These graves are sold on the understanding that only lawn style memorials
are erected.
Q Are graves filled in straight after a funeral or are they left to the
next day?
A Graves are prepared for burial at least one full day before the funeral
and are covered overnight. The ICCM Guiding Principals for Burial Services
states that immediately after the mourners have departed the graveside,
the grave shall be entirely backfilled and made tidy. This work is
completed on the day of the burial and coffins should not be left
uncovered overnight. Wigan Follows the ICCM Safe Code of Practice for
Burials.
Q I understand that some people wait while the grave is filled in. Why is
this?
A Some cultures require that the grave is filled in while the family watch
or they may wish to undertake the backfilling of the grave themselves.
When families want this it is essential that the cemetery is made aware of
their requirements when the burial is first arranged. This will ensure
that the family’s wishes are met and that their safety is protected during
the backfilling process.
Q Can anyone witness the grave being filled?
A Yes, but the cemetery will need to be advised of this before the funeral
takes place so that they are prepared.
Q I’ve got a lawn grave. When will I be able to put a memorial onto it?
A In cemeteries where continuous concrete foundations have be laid
memorials can be erected on lawn graves, ‘almost’ immediately. Where
individual foundations are provided for lawn memorials ideally these will
be situated on un-dug ground at the head of the grave. In these
circumstances and with the use of ground anchors and fixings that comply
with the National Association of Memorial Masons (NAMM) Recommended Code
of Practice, it is still possible to erect a memorial almost immediately.
In cemeteries where the headstone is erected directly on the excavated
area of the grave there may be a period stipulated in the cemetery
regulations which gives the ground time to settle and consolidate. During
this period the cemetery staff should monitor any sinkage that becomes
apparent and top up periodically with topsoil until settlement ceases.
This period may differ around the country due to differing soil types and
conditions. Even after settlement has ceased it is advisable to ensure
that your memorial mason adopts the NAMM Code of Practice as mentioned
above.
Q Why have I only been sold the Burial Rights for a set period of time? I
want the grave forever!
A The law stipulates that graves cannot be sold for more than 100years and
authorities cannot go against the law. However, the law does permit grant
ownership to be extended and some accordingly write to owners every five
years offering the opportunity to ‘top up’ their lease. In this manner,
the grave can stay in the family for as long as they wish; though
ownership will never be issued for more than 100 years at any one time.
Even where this topping up option is not offered then you (or your family)
can renew the right at the end of the current lease.
Q I Own the Burial Rights – can anyone else be buried in it if I don’t
want them to?
A No. Graves cannot be opened without the permission in writing of the
registered owner of the grave. The only exception to this is where the
burial is to be that of the registered owner in which case no written
authority is required. The law protects your rights as registered owner of
the grave.
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Q I am told the grave is for two people – there is only one person in the
grave and I now want two more burials to take place in the grave.
A When a grave is purchased to take two full body burials, the depth to
which the grave is excavated for the first burial must take into account
the need for the second burial. There are legal requirements as to how
much earth must be left on top of the coffin, and it is therefore not
physically possible to put an extra coffin into the grave without breaking
the law. However, after the grave is full for coffined burial cremated
remains, caskets or urns may still be buried within the grave.
Q What happens when the lease expires?
A When you buy a grave you purchase the exclusive Rights of Burial in that
grave space for a set period of time. At the end of the period you should
be given the option of renewing the Rights for a further period. It is
vitally important that you keep the cemetery office fully informed should
you change address otherwise you may not receive a notice of renewal at
the appropriate time. Also at the end of the period of rights to erect and
maintain a memorial the cemetery staff will attempt to contact you to give
you the option to renew the lease. Should you not wish to renew the lease
or you cannot be contacted the cemetery staff can lawfully remove any
memorial after giving a set period of the notice for you to remove the
memorial yourself. If you decide to renew the lease this may be on
condition that the memorial receives a full inspection and stability test
and any defects found are repaired.
Q Who is responsible for the memorial?
A Whilst the burial authority is responsible for maintaining the cemetery
in a safe condition you have a responsibility to maintain your memorial is
in a safe condition throughout the period of the Right to Erect and
Maintain a Memorial. If you fail to do this the cemetery staff may take
action to make the memorial safe. Cemetery staff carry out routine
inspections of memorials in the cemetery and when one is identified as
being unstable and likely to fall and injure someone it might be cordoned
off, laid flat or have a temporary support installed. You will receive a
letter in these circumstances and it will be your responsibility to
arrange suitable repair. Should your memorial still be under guarantee the
memorial mason will be responsible to carry out repair at no extra cost to
yourself. Should you ignore the notice sent to you your memorial may well
be laid flat and when the lease expires you will not be allowed to renew
it until repairs are made. Should no repairs be carried out and after
further notification the memorial may be lawfully removed from the
cemetery. Your memorial mason also has a responsibility to provide a
memorial of merchantable quality and to erect it in a safe manner. You
should insist that the memorial be erected in accordance with the National
Association of Memorial Mason (NAMM) Recommended Code of Practice and seek
a guarantee from your memorial mason.
Q What happens if / when all the owners have died?
A Ownership of the exclusive Right of Burial in a grave can be transferred
from a deceased owner via that owner’s estate. The means of transfer can
be very complex and while there is et procedure to follow, each case must
be looked at individually. If you need to transfer ownership when all
owners are deceased you will need to contact the cemetery office where
staff will arrange for a transfer to take place with due compliance with
law.
Q Why can’t I have what I want on the grave?
A When a new grave is purchased it is not the ownership of the land itself
that is purchased, but the rights to have burials take in that grave.
These rights are sold or to be more correct, ‘granted’ together with the
rights to erect a memorial on the grave in accordance with the rules and
regulations of the cemetery. It is important that you select the cemetery
that will provide you with the type of memorial that you require as
regulations differ from area to area. This can be checked out by
contacting the cemetery office and making enquiries about the choices and
options available.
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Q Why is a permit needed?
A Prior to a memorial being erected on a grave space, the written
authority of the owner of the grave must be given a permit / application
form, authorising the proposed erection of the memorial. Memorials need to
conform to cemetery regulations with regard to size and fixings, and the
memorial needs to be checked for stability under health and safety
regulations. The cemetery staff need to check that the memorial conforms
to regulations and will be erected in a safe manner. To a certain extent
this helps protect your interests although you will remain responsible for
the maintenance for the memorial in the future. You may ask your memorial
mason for a workmanship guarantee or in fact details of insurance. Some
authorities will issue a separate Right to Erect and Maintain a Memorial
and the purchase of this right will be made on submission of the
application to erect a memorial. Other authorities may combine the
Memorial Rights with the Burial Rights.
Q I want to bury cremated remains into the grave. Why do I have to decide
whether there will be any more burials before this can be done?
A It is against the law to disturb human remains without licence
(including cremated remains in a casket or urn), and therefore no further
burials will be possible in the grave until the licence has been obtained.
Cremated remains can be buried in the grave at full depth, in which case
they will not be disturbed by further full body burials, but by having to
excavate a grave to this depth there will be additional charges for
opening the grave.
Contact Details
Cemeteries & Crematorium Services
01942 828993/4
Fax 01942 828877
Email –
cemeteries@wlct.org
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