Spring Lane Cemetery (Hythe)

Spring Lane Cemetery transfer of burial rights

The ownership of the burial rights is as recorded in our registers and any owner of the burial rights has an automatic right to be interred in the plot, provided there is a space. It is possible to transfer the burial rights of any plot and a set procedure is used to do this.

Rights of burial may need to be assigned (transferred) form one person to another for a number of reasons, for example:

  • When a living owner of the rights wishes to pass them to another member of the family.
  • Upon death of the owner of the rights.
  • Where there has not been an assignment of rights for some years and there is now a requirement to re-open or replace a memorial etc.

Upon death of a person owning burial rights, the rights do not automatically transfer to the next of kin.

The Council requires a statutory declaration as evidence of your ownership of burial rights belonging to a deceased person if a grant of probate or letters of administration is not required for their estate and you want those rights to be assigned to you.

The requirement for a statutory declaration exists to ensure that burial rights are assigned only to the rightful owner(s) and serves to protect both the owners of those rights and the Council. It is a procedure used by most burial and crematoria authorities in England and is supported by the Institute of Cemetery and Crematorium Management.

There is a charge for the assignment of burials rights, this is in accordance with the Local Authorities' Cemeteries Order of 1977.

If you wish to discuss the transfer of burial rights you will need to complete a general enquiry form.

Cemeteries, burials and memorials enquiry