Commentary

30 Grant and assignment of exclusive rights

BURIAL AND CREMATION vol 6(1)
| Commentary

30 Grant and assignment of exclusive rights

| Commentary

30 Grant and assignment of exclusive rights

The exclusive right of burial is regarded as an incorporeal hereditament in the nature of an easement and, strictly speaking, requires a deed to complete the grant1. However, under the Local Authorities’ Cemeteries Order 1977, an exclusive right of burial may be granted by a burial authority, provided it is in writing and signed by an officer appointed for that purpose by the burial authority2.

All grants of exclusive burial rights by a burial authority or its predecessor may be assigned by deed or bequeathed by will3.

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