Burial Rights – Exclusive Right To Dig Graves Does Not Pass To Successors

Anyone who has tried to obtain a burial plot will be aware availability can be limited and it is not as simple as selecting the plot you would like as many have been presold.

Many families pass burial plots through the family which allows family members to be buried together and it is becoming more common for families to purchase larger plots. The rules governing the use of those plots will be found within the ownership documents for the plot, most often being in the form of a deed. The deeds will likely confirm:

Demetriou v Mapara & Ors [2022] EWCA Civ 1001

Case background

The recent case of Demetriou v Mapara and Others concerned the ownership of a cemetery and in particular, the successor’s right in respect of the burial plots.

Mr Demetriou purchased a cemetery in which a number of plots had previously been granted to the Tottenham Park Islamic Cemetery Association. The plots were granted through a number of deeds which included a provision for the original grantor to have the exclusive right to dig the graves at a specified cost. Mr Demetriou, on obtaining the cemetery, proposed that he had taken on that exclusive right and was now responsible for digging the graves. The Tottenham Park Islamic Cemetery Association disputed that he had succeeded in obtaining that right, to which Mr Demetriou argued, in any event, that he was able to make regulations allowing him to make that rule regardless.

On review of the deeds, the Judge noted that the provision relating to the grantor’s exclusive right to dig the graves did not state that it would pass to successors in title. Other provisions in the deed did, however, state that they would pass to the successors in the title and therefore it was accepted only those provisions would pass to Mr Demetriou.

The Judge then considered Mr Demetriou’s argument that he could enforce regulations to that effect in any event. As the deeds did not provide provision as to what would happen after the grantor’s exclusive right had come to an end, the Judge found Mr Demetriou had room to pass regulations. Mr Demetriou would still be bound by the remainder of the deed’s provisions and there would be an implied term of reasonableness.

Comment

This case was specific to the deeds in question and stresses the importance of careful drafting. It also confirms an owner of a cemetery would be able to impose regulations on its use. However, these cannot go against the terms of any deed, and these must be reasonable.