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Iceman292 | 02:21 Fri 29th Dec 2006 | Law
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Since my gran died we have discovered some grave plots that were purchased 50 years ago we have discovered that the council have buried two unrelated people in error are we entitled to compensation and how would we pursue this
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Why should you be entitled to compensation, what harm has it caused you?

We are not supposed to have a "compensation culture" in this country - at least thats why the lawyers claim

Things like this happen - its called life. Get on with yours and stop trying to find ways to get a bit of compensation!
I think that's a little unfair. If Iceman, having discovered that these plots are owned the family, wanted to use them in the future he can't now. Plus you may feel differently seatrout if someone had effectively nicked a bit of your land. The council should at least offer some alternative I think.


Yeah, I agree, that's harsh! A final resting place for the family is something that can be very emotional for relatives. Iceman, I wouldnt suggest suing, I would ring the council and attempt to come to a formal arrangement, hopefully of an allocation of a new plot...
You also need to check the original paperwork if you can. Sometimes you don't 'purchase' a grave but lease it for a set number of years - it's possible that the lease has expired.

As others have said, I am sure the council will do something - see what they offer.
You cannot buy a grave - you buy a right of burial for 50 or 75 years, sometimes 100 years. You can usually buy a renewal after the period has expired.

After that time the plot can be exhumed and re-used.

In many councils the charge to open a grave for a new burial is nearly as much, or more, as a burial in a new grave.

http://www.oldham.gov.uk/burial-fees.htm

Any claim you make for compensation could backfire with a bill for plot maintenance.
Hi Iceman. You have every right to persue this as far as you can. I would talk to the council and make sure you have all the relevant doucments -Council workers love documents- and keep a record of everything you say and do. Good luck
i doubt you would get compensation, more likely they will just give you another plot
i agree with ethel, you cant buy a grave but you do "rent" it, just think if everybody bought a plot of land for a grave in the end we would run out of land thats why its leased to people
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Thanks for answers folkes just so you are aware If a plot was purchased before 1947 it is deemed to be sold as a plot of land the term used is in perpertuity (not sure of spelling" I have been advised that this in law means the family own the land for ever. after 1947 you now lease the land for a period of either 50 or 100 years with the option of your relatives extending this. Please do not get wrong idea I'm not a compensation chaser but when your gran had to be buried in a new plot due to some administion error it's a shame. I have been advised that the council wish to see the original deed they will not accept a photo copy this maybe so it can conveniently disappear as they should have had a copy of the original deeds before opening up the plot to bury anyone. My aim if sucessful is not for money but they can dig the lodgers up and inter my gran in her rightful place.
You dont have to give the council the original document you can take it into one of those walk in centres the council now have, take a ticket and wait! they dont normally take too long, then the person you see, will photocopy the original and let you have it back because she signs the copy she took stating that she has seen the original document.

You have every right to the land, i do feel sorry for the poor lodgers though! and i bet the council will have to compensate the families of these people if they have to be moved to another plot (home)

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