Frequenly Asked Questions about Burial
Why are graves
dug so deep? (it's distressing to see the coffin go down so
deep)
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 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.
Why are there
so many different types of grave available at some cemeteries
?
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.
I have a lawn
grave. Why can't I put a full memorial over the surface of the
grave?
The lawn grave was designed on the war grave principle (to have
only a 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. Full
memorials are only permitted on Traditional graves.
Care must be taken when selecting the type of grave. If you
would prefer a larger, more traditional type memorial you should
not opt for a lawn grave.
Are graves
filled in straight after a funeral or are they left to the next
day?
Graves are prepared for burial at least
one full day before the funeral and are covered overnight. The ICCM
Guiding Principles 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.
Back to the
top.
I understand that
some people wait while the grave is filled in. Why is
this?
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.
Can anyone
witness the grave being filled?
Yes, but the cemetery will need to be advised of this before the
funeral takes place so that they are prepared.
I've got a
lawn grave. When will I be able to put a memorial onto
it?
In cemeteries where continuous concrete foundations have been 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 end 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.
Why have I
only been sold the grave for a set period of time? - I want the
grave forever!
The law stipulates that graves cannot be sold for more than 100
years and authorities cannot go against that law. However, the law
does permit grant of 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.
I own the
grave - can anyone else be buried in it if I don't want them
to?
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.
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.
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 last
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.
What happens
when the lease expires?
When you buy a grave you purchase the
exclusive Rights of Burial in that grave 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 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.
Who is
responsible for the memorial?
Whilst the burial authority is responsible for maintaining the
cemetery in a safe condition you have a responsibility to maintain
your memorial 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 is erected in accordance with
the National Association of Memorial Masons (NAMM) Recommended Code
of Practice and seek a guarantee from your memorial mason.
What happens
if/when all the owners have died?
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 a set
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.
Why can't I
have what I want on the grave?
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 place
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.
Prior to a memorial being erected on a grave space, the written
authority of the owner of the grave must be given on 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 also 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 of 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.
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?
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 a 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.