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Property Handbook
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WARNING:
The entire content of this
Property Handbook has been prepared by members of PLATO. It has been
carefully checked, but its accuracy cannot be guaranteed, neither at the date
of preparation nor when viewed or printed. Accordingly, neither the
members of PLATO nor the United Reformed Church can accept responsibility for
the accuracy of the information the handbook contains.
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URC Burial Grounds are the responsibility of the local church in the same way as any other land or property owned by the local church. There are however some specific matters that arise with burial grounds.
It is very important that records should be kept of all burials. This should include a plan of the burial ground on which each grave is shown and annotated with the details of those buried therein. The contact name and address of the next of kin or other relative should be obtained and recorded as a contact for the future. An indication of the depth of each grave is also advantageous.
Local churches should determine charges for burials. These should cover matters such as a service in the church, burial of a body or alternatively ashes in the burial ground. If churches are uncertain about the level of fees those charged by the Church of England are published annually via the Churches Main Committee and can be obtained from the Synod Office. Churches may also wish to consider an annual charge for the ongoing maintenance of the burial ground, the cost of which can be considerable.
A burial ground is private property unless there is a legal right of way. It is normal to permit access to burial grounds for relatives or friends wishing to visit deceased's graves. There are hazards in burial grounds such as unstable headstones, walls, trees etc. It is important therefore that regular inspections are carried out to identify and rectify hazards. Notices should be erected stating that the burial ground is private property and warning of danger and/or trespass.
It is important that a church owning a burial ground has adequate public liability insurance. If there are doubts about this the church insurer should be consulted.
Gravestones and memorials are the property of the relatives of the deceased. If one becomes hazardous or unsafe the descendants of the deceased should be contacted and a reasonable period allowed for the necessary repair. If however the repair is not undertaken then the headstone should be pushed flat to avoid anyone suffering injury. It should be recognised that if a headstone is pushed flat the lettering will deteriorate fairly quickly.
A local church may decide not to permit any further burials. In these circumstances the Church Meeting should pass a resolution to this effect and this should record the date of the last burial. A certified copy of the resolution should then be passed to the trustees for filing with the property deeds. The Church Meeting may decide to close the burial ground with the exception of burials for which agreement has already been given. In these circumstances the burial ground cannot be formally closed until these agreements have been honoured or released.
Special rules apply when a burial ground contains a war grave. If any action is being considered the Commonwealth War Graves Commission, 2 Marlow Road, Maidenhead, Berkshire SL6 7DX must be consulted.
The Disused Burial Grounds (Amendment) Act 1981 permits the erection of buildings and other forms of works in disused burial grounds. The procedures that have to be followed are complex and if a church is considering action the trustees must be consulted at an early stage. It may also be necessary to obtain professional advice.
A burial ground may be sold but before this is done the URC District, Synod and Trustees need to be fully consulted. If sold the buyer becomes responsible for the maintenance of the burial ground and for ensuring compliance with all legal requirements.
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