(1)This section applies where a person, by way of a gift, transfers land which is to be added to a consecrated churchyard as referred to in section 89; and it does not matter whether or not the person resides in the parish in which the churchyard is situated.
(2)The person may reserve the exclusive right in perpetuity of burial and of placing monuments and gravestones in a part of the added land; but that part must not exceed one-sixth of the area of the whole of the added land.
(3)Where the right under subsection (2) is reserved, the part in question must be shown and coloured on the plan referred to in section 89.
(4)A memorandum in the following form must be written on the instrument referred to in that section—
“We, ... (Rector, Vicar or Incumbent) and ... and ..., Churchwardens, of ... declare the piece of land (insert description and measurement), and coloured ... on this plan, to be the burial place of ..., the giver of the land added to the churchyard of ... , his or her heirs and assigns. Signed ... Witnessed ... Dated ...”
(5)The memorandum must be signed by the incumbent and churchwardens of the parish in which the churchyard is situated, with each signature being witnessed; and the memorandum must specify the date on which it is signed and witnessed.
(6)Once the memorandum has been signed and witnessed, and the land has been declared to be consecrated, the memorandum operates as an exclusive right in perpetuity in the specified land.
(7)The right forms part of the real estate of the person who reserved the right or of any successor in title to the right.
(8)The costs of preparing and executing the memorandum are to be borne by the person by whom the reservation is made.
(9)“Land” includes messuages, tenements and hereditaments, houses and buildings of any tenure.
Commencement Information
I1S. 90 in force at 1.9.2018 by S.I. 2018/720, art. 2