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 something to be equated with a right of property but found it unnecessary to decide whether it was an interest in land.
Judges:
Morritt J
Citations:
[1989] 2 All ER 431, [1989] Ch 408
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – HM Coroner for the Eastern District of London, Regina (On the Application of) v Sutovic Admn 31-Jul-2009
The deceased had died in Serbia, but was buried in Acton. A second inquest had been ordered on the request of the respondent, and an exhumation licence granted for the purposes of a second post mortem examination. The respondent had refused her . .
Cited – Brookwood Park Ltd v Guney and Others ChD 29-Jul-2014
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 . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate, Land
Updated: 21 October 2022; Ref: scu.371290