Exclusive Right Of Burial

The following guidance notes briefly describe your rights and responsibilities.

Guidance Notes for Grave Owners about the 'Exclusive Right of Burial'

The ownership of a Grant of Exclusive Right of Burial within a grave not only gives the owner certain rights, but also imposes a number of requirements and responsibilities.

The following guidance notes briefly describe your rights and responsibilities. If you need clarification on any of the information provided, or if you need any information relating to cemetery or crematoria matters, please do not hesitate to contact us

Burial Rights

The Grant is a written document (grave deeds); we issue this when you have paid the appropriate fee. The period for which any rights apply is stated on the document. During this period you, as the person registered with us as being the owner of the Grant, have the sole right to decide who may be buried within the grave. At the end of the stated period all rights cease to exist, unless you have renewed the Grant.

Please note:

The Grant does not convey any ownership of the land itself, as this will remain in the ownership of Solihull Council.

Memorial Rights

The Exclusive Right of Burial includes the right to have a memorial installed on the grave. This must be approved by us.

You must apply for permission if you wish to have a memorial erected on a grave. Normally, the application will be completed and submitted on your behalf by the Funeral Director or Memorial Stonemason appointed by you to carry out the work.

There are restrictions on the design of a memorial, the material used in its construction and the method used for fixing. Consideration also has to be given to the potential for causing offence to other cemetery visitors.

In all cases you, as the owner of the Grant, will need to give permission for any inscription, any additional inscription or any refurbishment works carried out to the memorial placed on the grave.

Please note:

We will remove memorials which have not been authorised, do not comply with Memorial Regulations, or are considered to be a danger or offensive to other visitors.

Choosing a Memorial and Selecting a Memorial Mason

Because a memorial is a lasting monument and a tribute to a person's life, perhaps a final gift to someone dearly loved, it is important to choose it carefully. Hasty decisions made while still in great distress frequently result in later regrets, so it can be sensible to wait - and to spend time on selecting a suitable design.

You may wish to use a company recommended by a friend or relative, or you may need to look around. Whichever you do, it is generally advisable to use one which specialises in memorial masonry. They should understand stone and so be able to give you reliable advice as to whether the stone you are choosing is suitable for the type of memorial you require - and for the area in which it is to be fixed. Weather, pollution and surrounding vegetation can have an effect on this.

Many Memorial Masons are members of the National Association of Memorial Masons (NAMM). They are bound by strict Codes of Business and Working Practice. Members are obliged to give a guarantee of the stability of their workmanship. Many masons will have been accredited by NAMM in the use of their Code of Working Practice relating to the safe fixing of memorials. Please ask your memorial mason for proof of this.

Responsibility for Memorials

It is important to remember that it is you and not the cemetery that is responsible for the maintenance of your memorial. If it should become dilapidated or unsafe, steps may be taken to lay it down or remove it. It is therefore wise to arrange for it to be regularly maintained and inspected.

Memorial Maintenance

If an burial is to take place in an existing grave you will need to ensure that the memorial, decorative items such as pot plants, artefacts, and so on are removed before the grave is opened (where required). This may be carried out by arrangement with the Funeral Director or Memorial Mason.

A lawn style grave is one where the memorial is placed at the head of the grave normally on a concrete foundation. One of the advantages of the lawn style system is that memorials can be installed or replaced following a burial, at any time.

A tradition style grave is one where a memorial normally covers the whole area of the grave. On traditional sections, memorials cannot be installed or replaced following a burial until the ground has adequately re-settled. It will usually take four to six months after the burial for the initial settlement to take place. On traditional sections of the cemetery, you will need to arrange for your memorial supplier to install a foundation suitable for the purpose of ensuring the future stability of the memorial.

We will consider all applications for the installation of larger memorials or those of innovative design, and may advise on the type of foundation required. There are no restrictions on the wording inscribed on a memorial other than it should not give offence to other members of the public.

You are responsible for making sure that any memorial installed on your grave plot has been properly constructed, and has been installed in accordance with the best practices of the memorial industry. You should expect your memorial supplier to guarantee their work for a limited period.

We recommend you insure the memorial against theft, loss, or damage. Most Memorial Masons can arrange for appropriate cover.

You are responsible for the upkeep and maintenance of the memorial, and any other items placed on the grave.

We strongly recommend that you have the stability and condition of the memorial checked each year. Failure to do so may result in you being held liable for any injury or damage caused to a third party, particularly if the injury or damage is shown to be due to the condition of the memorial or the way it was installed.

We have a duty of care towards cemetery visitors and we will carry out safety inspections of memorials.

If a memorial is identified as being unsafe or potentially dangerous we have to take action to reduce the risk to visitors. If the memorial is unstable, and liable to fall, the memorial may have to be laid down on the ground, or temporarily made safe to reduce the risk of injury to others and damage to the memorial. We will attempt to contact you at your last known address, to tell you why we are taking action. If you arrange for regular memorial inspections you could avoid the need for us to take this action.

Grave Maintenance

For a number of years all new burial areas within the cemeteries have been laid out in what is known as the 'lawn' style. Using this system we are able to easily reach all graves within the burial section. This helps us maintain the grounds and makes the excavation of graves for future burials far easier.

So that we can reach the grave areas and maintain them, please place any memorials, artefacts, flower containers and so on the memorial foundation area at the head of the grave. We may have to move items placed on the grassed area of the grave. You are encouraged to maintain this area around the memorial yourself so that we do not have to disturb any flowers or articles.

Flower containers should not be made of glass or porcelain, as these will often fall over or crack due to water freezing in cold weather. Similarly, plastic materials become brittle when exposed to direct sunlight for long periods.

In the period following a burial the grave surface will need to settle. This takes between nine and twelve months. Then the surface will be grassed over. Over the years the grave may continue to settle and may require work from time to time, which we will carry out

On the traditional sections of the cemetery, properly installed memorial surrounds may, with our approval, enclose the whole grave area. It is your responsibility to arrange for the maintenance of the enclosed grave area.

Please note:

You are not allowed to plant or place flower vases or artefacts within the grave area once we have finished laying the turf. You must place these items on the memorial foundation area only. We reserve the right to remove and dispose of items which prevent or interfere with the maintenance of the grave or which may be a safety risk to other visitors.

General Notes

Please keep the Grant document in a safe place, as this is the only legal document you have which confirms your entitlement to further burials in the grave and your memorial rights.

Please also tell the Cemetery Office of any change of address.

Exclusive Rights of Burial may be purchased in reserve and families may select individual grave plots from a limited selection available at that time.

Where the Exclusive Rights of Burial is purchased in reserve, we cannot guarantee that the depth required is achievable at the time of the first burial. Although we will make every effort to excavate to the required depth, if the depth cannot be achieved we will make an alternative grave available in the area currently used for new burials.

When the grave cannot accommodate any more coffin burials it may be possible for the grave be used for the burial of Cremated Remains.

Exclusive Rights of Burial for a Cremated Remains grave are for a maximum of two burials only.

Exclusive Rights of Burial for a child's grave in the children's section of the cemetery are for a single burial only.

Assignment of Grant

At the time of burial or purchase, we will register the Grant in the name of the person given on the application form. In order for us to recognise a transfer of ownership the proposed new owner will need to prove legal entitlement to the Grant:

• Where a formal Letter of Assignment, signed by the former registered owner, has been given, which passes the ownership of the Grant to the new owner.
• Where the original owner of the grave rights has died, the person holding the Grant document has inherited the estate of the deceased and is therefore legally entitled to claim ownership of the Grant.
• If the estate of the original owner has been divided amongst surviving heirs, (for example, where the deceased left no will), all the deceased heirs of equal standing will have claim to the ownership of the Grant. In such circumstances, the person wishing to be registered as the new owner will need to provide written proof that the other legal claimants agree to relinquish any claim or entitlement to the ownership of the Grant.

Please note:

We reserve the right to amend these guidance notes from time to time without prior notice.

If you need further advice or information, please contact:

Manager and Registrar
Cemeteries and Crematoria
Robin Hood Cemetery
Streetsbrook Road
Shirley
Solihull
West Midlands
B90 3NL

Telephone: 0121 744 1121
Fax: 0121 733 8674

Email: robinhoodcemetery@solihull.gov.uk
or woodlandscemetery@solihull.gov.uk