a grave

tabatha

who owns a grave? my mother is being a bitch and is saying what flowers can and cant go onto my dads grave. does she have rights here? thanks for any help.

My understanding is that it is owned by the local authority eg. if you fall in a graveyard you can sue the local authority.

maidhc

I'm sure it is owned by whoever buys it... e.g. the person themselves or their next of kin. It is probably registered with the land registry.

What a silly dispute to have though.

maidhc

maidhc wrote:

I'm sure it is owned by whoever buys it... e.g. the person themselves or their next of kin. It is probably registered with the land registry.

That's certainly wrong anyway. Title does not pass and nothing is registered in the Land Registry.

maidhc

Deleted User wrote:

That's certainly wrong anyway. Title does not pass and nothing is registered in the Land Registry.

I won't argue with you there, in fact is appears they are owned by the Local Authority subject to whatever bylaws:
http://www.google.ie/search?hl=en&q=ownership+of+grave&btnG=Search&meta=cr%3DcountryIE

tabatha

just wanted to know out of curiosity. thanks for that. i know its a silly dispute but what can you do. i should be allowed to put whatever flowers i want on my dads grave. just because they are the wrong colour or wrong type shouldnt be up to her!

hullaballoo

Conor74, not all title is registrable. See Registration of Title Act 1964.

besty

What a grave situation OP.
I'm sorry, bad taste. Hopefully you circumvent this dispute.

hullaballoo

hullaballoo wrote:

Conor74, not all title is registrable. See Registration of Title Act 1964.

I fully appreciate that.

For clarity, graves do not get registered in either the Land Registry dealing with registered land or the Registry of Deeds dealing with unregistered land.

EducatedGuess

You would be surprised how often this happens and what people do about things of such a sensitive nature. Some graveyards are owned by local authorities and some are owned by private companies [Massey Bros. own Mt. Jerome for example]. To erect a headstone however you still need planning permission and this is usually taken care of by the management of the graveyard. Although the plot is in the name of the deceased, the family have a right to the plot for 100 years. If the plot is not registered or signed for after 100 years the management can resume their right to sell it on. Title never passes but possession does.

EducatedGuess

EducatedGuess wrote:

If the plot is not registered or signed for after 100 years the management can resume their right to sell it on. Title never passes but possession does.

I've seen a few cling on to graves for 200 or 300 years.

Overholding? Squatters?

Oryx

tabatha wrote:

who owns a grave? my mother is being a bitch and is saying what flowers can and cant go onto my dads grave. does she have rights here? thanks for any help.

Is it really that important? Could you be the adult here and go with your mas wishes for now? After her day she wont really have any say and you can plant cactii if you feel like it. (Sorry I know thats a bit more PI than legal)

tabatha

KatieK wrote:

Is it really that important? Could you be the adult here and go with your mas wishes for now? After her day she wont really have any say and you can plant cactii if you feel like it. (Sorry I know thats a bit more PI than legal)

well its important in as much as my dad asked before he died if we would visit and put flowers on, so yes. i was adult on tuesday when i walked out of my mums without saying anything when i noticed the little flower pot i had bought for my dad on her patio!!!

hullaballoo

Have you asked her why she won't let you put flowers on the grave? Maybe she has a good reason for it.

tabatha

she says that they obstruct the headstone. i dont know what this means. she only wants fresh flowers. you cant plant in the grave so i bough a small terracotta pot with some little red flowers in it. the reason i bought this rather than fresh flowers is that there are always fresh flowers in the pot. she gets them every week. that limits the rest of the family and what we can get. my dads sister bought a beautiful arrangement a few weeks ago and she came up and took it off and put it in the bin. she is a control freak. she controled my dad when he was alive and now she still wants that control now hes dead.

Karoma

TBH, this is more of a Personal Issue than a legal matter. No solicitor will touch it, and the Gardai won't intervene. The groundskeeper for the graveyard will generally only interfere with a grave if it's become untidy or breaking rules. So basically, the grave and the responsiblity of how it is kept is really down to the family, and at that usually the closest to him.
Have you actually sat down and discussed the matter with your mother? I appreciate that such a situation could fast become heated, but you really must approach this with a level of maturity and patience to succeed. People deal with loss in their own ways.