Exclusive Rights of Burial
Purchasing the Exclusive Right of Burial
Unpurchased and graves where the Exclusive Right of Burial has expired
The transfer process explained
Purchasing the Exclusive Right of Burial
Burial rights are granted for a period of 30 years and give the registered holder (known as the owner of the Exclusive Right of Burial) the following rights:
- Be interred in a grave, subject to space being available
- Determine who is buried in the grave and authorising an interment in the grave
- Applying for the Right to erect a memorial and consenting to memorial work.
When Burial Rights are registered in joint names, they are automatically transferred to the last surviving of the joint owners. A maximum of three names is permitted on the registration. Applicants are issued with a Grant of Exclusive Right of Burial, detailing the fee paid, grantees, name of the cemetery, grave number and the duration of the Grant.
The Exclusive Right of Burial is usually applied for at the time of interment but is also possible in advance in some of our cemeteries. The Right can be renewed for a successive period of 30 years, providing we are able to contact the registered owners.
You are reminded to notify the Council if you move to a different address as it is important that we update your contact details.
After granting the Burial Rights, the Council remains the landowner and manages the cemetery through its regulations. This means that you do not own the land but have the exclusive right to decide who can be buried in that grave.
Unpurchased and graves where the Exclusive Right of Burial has expired
When a grave is unpurchased or the Exclusive Right of Burial has expired, all rights revert to the Council. The Council reserves the right to remove any memorial marking the grave and may arrange the interment of an unrelated person in accordance with cemetery regulations.
The Exclusive Right of Burial must be purchased before the grave can be re-opened for other interments in the grave or any memorial work is arranged.
Transferring Burial Rights
Upon the death of the registered owner of Exclusive Right of Burial as it forms part of the assets of the deceased person, it is important to re-establish the legal owner of the Right for the Council to continue to provide a burial service within the statutory regulations. The transfer of ownership is also encouraged to protect the Rights of Grave Owners and their next of kin, ensuring that the correct person is entitled to exercise full burial rights and apply for the Right to Erect a memorial.
It is therefore not possible to arrange the re-opening of the grave unless it is for the interment of the registered owner of Exclusive Right of Burial or any memorial work until the ownership of the grave has been legally established. The new registered owner of Exclusive Right of Burial for the grave will also become the owner and person responsible for the memorial during the remaining term of the grant and is therefore the only person authorised to arrange any memorial work.
The transfer of grave ownership is subject to the payment of an administrative fee and upon request or when the Council is notified of the death of the registered owner, an application form will be sent to his next of Kin or Executor of the estate.
The transfer process and application form to complete, depends on the following circumstances:
- If a Grant of Probate or letters of Administration are applied for and obtained
- If the deceased dies intestate (did not leave a will) and Letters of Administration have not been obtained
- If the deceased left a will and it is not necessary to apply for Probate
Burials Rights can be assigned to a different person by the owner of Exclusive Right of Burial. To prepare a form of assignment, we require the full names and addresses of the persons that the owner wishes to assign the rights to. The owner will have to sign the Form of assignment to confirm his instruction.
The transfer process explained
To assist you with ownership transfers, you are encouraged to read the guidance notes which we have prepared, as they provide a clear understanding of the legal process we follow.
The transfer process explained 
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For further enquiries, please do not hesitate to contact us on Tel: 01329 236100 or e-mail cemeteries@fareham.gov.uk.