5.1 The Exclusive Right of Burial
5.1.1 Period of Exclusive Right
Hull City Council own and manage the cemeteries. When you buy a grave you buy the Exclusive rights of burial and will be given a legal document (grave deed) this must be kept safe. Hull City Council continue to own the land within which the grave will be. The exclusive rights of burial are provided to the purchaser for a period of up to 100 years. 10 years is the minimum period that can be purchased. The term is determined by the purchaser, a fee is chargeable based on number of years required. There is a fee for each year bought. The fees charged are reviewed annually.
No grave where exclusive rights of burial have been granted shall be opened without production of the deed and written consent of the deed holder, or other relevant documentation received by the Council.
According to the Local Authorities Cemetery Order 1977, 10.6 reads -
No body shall be buried, or cremated remains interred or scattered, in or over any grave or vault in which an exclusive right of burial for the time being subsists except by, or with the consent in writing of, the owner of the right.
5.1.2. Grave Deed
The Bereavement Services Manager will provide the purchaser with a Grave right as proof of ownership of exclusive right of burial. A copy of the right will be held by the Council.
Where the owner of the exclusive right of burial has misplaced/lost the grave right, he/she may apply in writing to the Bereavement Services Manager for a replacement. Included in the application must be relevant documentation that provides proof of identity, a fee will also be payable. Once satisfied with the information submitted the Bereavement Services Manager will instruct the provision of a duplicate Grave Deed.
5.1.3 Ownership Registration and Transfer
All grave owners will be registered by the Council and shall own exclusive rights permitting the grave to be opened upon the production of the right. More than one person can be registered as the holders of a grave or graves. No grave owner/s shall be entitled to transfer any graves without written notification to the Council. It is the responsibility of the owner/s to notify the Council of any change of address or intended ownership.
Any application for transfer of ownership of a grave deed must be made in writing to the Bereavement Services Manager. This must be accompanied by any relevant documentation and the appropriate fee paid.
The Council will not unreasonably decline to make a transfer.
Where the owner of the grave is to be buried within that grave and no other person wishes to be assigned the rights and responsibilities of the exclusive right, then the executor may surrender the exclusive right to the Council. Where the exclusive right is not available the executor will certify that all rights revert to the Council.
5.1.4 Grave Allocation
Graves in most cases will be allocated at the discretion of the Council, however the Council can make an appointment to meet a family and choose a grave. In some cemeteries there is often limited availability. Only graves shown on the Cemetery Plans will be allocated. The wishes of an applicant will be taken into account wherever possible.
All graves will be treated as ‘Lawn Section’.
The lawn areas/grave space will be maintained by the Council. The whole of the grave surface will be seeded for grass to establish and levelled with the exception of a soil border (where this exists at Northern & Eastern Cemeteries) between the compartment rows, which will be reserved for the erection of an approved memorial headstone.
Priory Woods, Western and Hedon Road cemeteries have no margins.
5.1.5 Death of the Grave Owner
If a grave owner dies without bequeathing the rights of burial in his/her will, the grave does not automatically transfer to the next of kin. Where the owner is deceased, transfer of the right of burial will be applied for in one of the following ways -
- Statutory declaration (a blank copy can be obtained from the administration office)
- Grant of Probate
- Grant of letters of administration
- Will, accompanied by statutory declaration
An application for the transferral of the Grave right must be submitted with all relevant documentation to the Crematorium Administration Office, a pre-arranged appointment will be required to see a member of staff to discuss and resolve the rights. A fee is payable to process the deed transfer. A new Grave Deed is not produced, the original is updated.
A grave may, during the life of its owner, be assigned by deed. The same rules of succession apply. It is possible to obtain a standard ‘form of assignment’ from the administration office at the Crematorium to do this. A fee is applicable for this to be carried out and a maximum of four people may be named as rights holders.