Questions people ask 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. The grave needs to be deep enough to allow for the depth of coffins or caskets that will be buried. It also needs to accommodate legal requirements of undisturbed earth between each coffin. There is also a legal requirement for the amount of earth that must cover the last interment.
Why are there so many different types of grave available at some cemeteries?
A range of graves are available to give people as many options as possible. For many the lawn grave is considered to be the best option. For others a more traditional, elaborate and larger type of memorial is required. Burial above ground in a catacomb is available at some cemeteries. Vaults, brick graves and mausolea are also available.
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. It has only a memorial of limited size at the head of the grave with the rest of the grave laid to lawn. This is the best way to use the limited space fot the grave. Maintenance is easier, with large mowers 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 day before the funeral. They are covered overnight. The ICCM Guiding Principles for Burial Services states that as soon as mourners have left the graveside, the grave shall be entirely filled and made tidy. This work is completed on the day of the burial and coffins should not be left uncovered overnight.
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. They may wish to fill the grave themselves. When families want this, it is essential that the cemetery is made aware 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 told about this before the funeral takes place so 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 it is still possible to erect a memorial almost immediately. Ground anchors and fixings that comply with the National Association of Memorial Masons (NAMM) Recommended Code of Practice must be used.
The rules may be different 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 cemetery staff should monitor for any sinkage. They should top up periodically with topsoil until settlement stops.
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.
By law, graves cannot be sold for more than 100 years. However, the law does permit grant of ownership to be extended. Some authorities write to owners every five years offering the opportunity to 'top-up' their lease. In this way, the grave can stay in the family for as long as they wish. Ownership will never be issued for more than 100 years at any one time. If this topping-up option is not offered 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. The only exception to this is where the burial is to be that of the registered owner. In this case no written authority is needed. 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. 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 buy 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 vital that you tell cemetery office if you change address. Otherwise you may not receive a notice of renewal at the appropriate time.
At the end of the period of rights to erect and maintain a memorial the cemetery staff will attempt to contact you. They will give you the option to renew the lease. If you do not wish to renew the lease, or you cannot be contacted, the cemetery staff can lawfully remove any memorial. They must give 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. There may be a stability test and any defects found will have to be repaired.
Who is responsible for the memorial?
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. This applies 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. When one is identified as being unstable and likely to fall and injure someone it might be cordoned off. It may be laid flat or have a temporary support installed. You will receive a letter in these circumstances. It will be your responsibility to arrange suitable repair.
If your memorial is still under guarantee, the memorial mason will be responsible for carrying out repair. This should be at no extra cost to yourself. If you ignore the notice sent to you your memorial may well be laid flat. When the lease expires you will not be allowed to renew it until repairs are made. If no repairs are carried out, after further notification, the memorial may be lawfully removed.
Your memorial mason has a responsibility to provide a memorial of merchantable quality. They must also erect it in a safe manner. You should insist that it is erected in line with the National Association of Memorial Masons (NAMM) Recommended Code of Practice. You should seek a guarantee from your memorial mason.
What happens if all the owners have died?
Ownership of the exclusive Right of Burial in a grave can be transferred from a deceased owner. This is done via the owner's estate. The transfer can be very complex. 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. Staff will arrange for a transfer to take place in line with the 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. It is 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. They are 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. Regulations differ from area to area. This can be checked by contacting the cemetery office to ask about the options available.
Why is a permit needed?
Before a memorial is erected on a grave space, the written authority of the owner of the grave must be given. This should be on a permit or application form authorising the proposed erection of the memorial.
Memorials need to conform to cemetery regulations with regard to size and fixings. The memorial also needs to be checked for stability. This is legally required. The cemetery staff need to check that the memorial follows the regulations and will be erected in a safe manner. 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. 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. This includes cremated remains in a casket or urn. 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 this case they will not be disturbed by further full body burials. By having to excavate a grave to this depth there will be additional charges for opening the grave.