Q: The village Methodist church where my grandparents purchased a double plot and are buried is to be sold at public auction. Sale details state the purchaser will be required to take on the adjacent Burial Ground on a 999-year lease and they must fence it off. They will be responsible for the upkeep of the burial Ground and the Methodist Church ‘will retain a right of access for burial purposes and the visiting of graves’. I regularly visit my grandparents’ grave and hoped when my time came I could be laid to rest there with them. Now I am worried about future access to the plot and ongoing maintenance of the churchyard. Can you provide any clarity?
A: Methodist burial grounds are generally not consecrated unless the Managing Trustees specifically choose to consecrate them, so the legislation that applies to Anglican cemeteries does not necessarily apply to Methodist burial grounds.
Where the sale of a Methodist burial ground forms part of the sale of other land and buildings, however, the burial ground itself must be sold by way of grant of a long-term lease to the buyer (tenant). This helps to ensure that the Methodist Church can enforce the covenants placed on the former burial ground and the history of the land as a burial ground retains recognition.
Until the disposal takes place, responsibility for the burial ground will lie in the hands of whoever has undertaken managing trusteeship. This is usually the local Church Council but could be the Circuit Meeting or another Church Council if managing trusteeship was delegated when the church ceased to worship. The burial ground's governing document (like a trust deed or constitution) should explicitly state who the managing trustees are.
The above suggests that access and maintenance should not be an issue, but you may want to request sight of any Special Conditions Sale from the auctioneers and, if necessary, seek further legal advice then.
This question has been answered by Hywel Jones, a Partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
