The parties disputed whether the defendants, trustees of a local charitable Turkish trust providing funeral service, had acquired an exclusive rights of burial within an area of the claimants’ cemetery.
Held: There were signficant deficiencies in the evidence provided in support of the defendants’ claim. It was impossible to identify the land over which the claim was made, and nor was there any accounting trace of the payment said to have been made, even though the records still existed. The claim was rejected.
Sir William Blackburne
[2014] EWHC 2629 (Ch)
Bailii
Cemeteries Clauses Act 1847, London Necropolis and National Mausoleum Act 1852
England and Wales
Citing:
Cited – Reed v Madon ChD 1989
The existence of exclusive rights of burial gives the owner of a body a right which is to be equated with a right of property, interference with which is actionable
Morritt J described an exclusive right of burial arising under the 1847 Act as . .
Cited – Oates and Another v Hooper and Another CA 26-Nov-2010
The court was asked whether a seller of property who had purported to give a premature notice of rescission under the Law Society’s 2003 Standard Conditions of Sale was in repudiatory breach of contract.
Held: The court must look at the . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 10 November 2021; Ref: scu.535413
