📘 Exclusive Right of Burial (ERoB)
When you purchase a grave at Ripley Parish Council’s Burial Ground, you are acquiring the Exclusive Right of Burial for a period of 100 years. This is not a freehold purchase, but a lease-type agreement that gives you the legal right to:
- Authorise burials in the grave
- Approve the installation of a memorial
You do not own the land itself. The grave space remains under the ownership and management of Ripley Parish Council.
📄 Deed of Grant
A Deed of Grant is issued at the time of purchase and names the registered grave owner. This deed is a crucial legal document and should be kept safely.
- The Deed must be presented before each burial.
- Possession of the Deed does not in itself prove ownership of the rights — only the registered name does.
- Lost deeds can now be re-issued, provided there is supporting record evidence. A fee of £50 applies.
📌 IMPORTANT: It is the grave owner’s responsibility to safeguard the Deed of Grant.
🔄 Transfer or Surrender of Exclusive Rights
Ownership may be transferred or surrendered under certain conditions.
📥 During the Owner’s Lifetime
- Transfer (assignment) to another person: Requires an assignment form and a fee of £50.
- Surrender (if unused): Requires a renunciation form. The refund is equal to the original purchase price as listed on the Deed.
🕊️ After the Owner’s Death
The process depends on whether the deceased left a valid will:
✅ If a valid will exists
- With Grant of Probate:
- Provide a sealed copy of the grant
- Complete a transfer form
- Without Probate (small estate):
- Provide the will
- Complete a Statutory Declaration
- The executor then nominates the appropriate person to hold the rights
❌ If there is no valid will
- With Grant of Letters of Administration:
- Provide sealed copy of the Letters
- Complete a transfer form
- Without Letters of Administration (intestacy):
- Complete a Statutory Declaration
- Include:
- Original Deed of Grant
- Death certificate
- Written consent from all next of kin
- Explanation if the deed has been lost
🔍 Read about intestacy on GOV.UK
📋 Examples of Transfer and Required Consents
|
Situation |
Applicant |
Consent Required |
|---|---|---|
|
Deceased owner survived by spouse |
Spouse |
None |
|
Deceased owner survived by spouse |
Son or daughter |
Spouse’s consent required |
|
No spouse, 4 children |
One child |
Consent of the other 3 children |
|
No spouse or children, but 3 siblings |
One sibling |
Consent of the other 2 siblings |
📞 Need Help?
For advice or to request a Transfer, Assignment, or Renunciation form, please contact the Clerk.