Areas of Law / Property

When my father died my mother bought a burial plot on a 999-year lease. The cemetery managers now want me to make repairs to some of the slabs. Who will be responsible for the upkeep of the grave in future? It seems we’re leaving a burden for generations to come.

Leasing a burial plot is similar to leasing any other piece of land – you own it for a fixed period, after which it will revert to the freeholder. Moreover the lease may contain positive covenants, requiring the leaseholder to spend money. And, like any other property, it is an asset to be disposed of on your death. If your issue at some stage refused to have the lease transferred into their names it’s likely that responsibility for the plot would fall back on the cemetery owners.

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