Can Anyone Put a Headstone on a Grave?

There are a great deal of restrictions surrounding who is entitled to put a grave marker or other memorial on a grave site in the UK. These restrictions take into consideration who is in possession of the Deed of Grant for the grave as well as to the rules set down by the cemetery in which the plot lies.

Who has the legal right to put a headstone on a grave?

Only the person named on the Deed of Grant to a cemetery plot has the exclusive rights to put a headstone on a grave, provided that the cemetery allows it. If you do not own the Deed of Grant and place a grave marker on the site, the Registered Grave Owner is legally entitled to remove it or have it removed.

It is worth bearing in mind that even if you are the person named on the Deed of Grant and therefore entitled to put a headstone or other grave marker on a grave site, you are still bound by the rules and restrictions of the cemetery in which the grave lies.

If your deceased loved one has been laid to rest in an eco cemetery for example, you may be restricted to placing only biodegradable headstone markers, or none at all. Traditional churchyards have strict rules regarding the materials of gravestones and memorials, as well as their design. For instance, a Christian churchyard may not permit any iconography that relates to another religion.

What are the grave ownership laws in the UK?

When a grave is purchased, a Deed of Grant is bestowed on the Registered Grave Owner. This gives them the exclusive rights to the grave for 50 years. After this period of time is up, the Deed of Grant must be extended in order to continue ownership of the grave site.

Do you need permission to put a headstone on a grave?

Usually only the person named on the Deed of Grant has the permission to erect memorials or headstones on a grave. Nevertheless, there are some circumstances in which other people can become involved in the process. These include:

1. If the owner of the Deed of Grant agrees to give up their right to the grave, a Transfer of Deed can take place and both the present and future owners must register the information at the cemetery office.
2. If the owner of the Deed of Grant passes away, the Deed is part of their estate. It can sometimes be willed to one of their next of kin but usually needs to be officially transferred by the cemetery.
3. If for whatever reason the Deed of Grant expires, a person other than the former owner can renew it.

What is the law on Grave Deeds?

According to the law, the owner of a grave holds the Grave Deed, otherwise known as the Exclusive Right of Burial. The registered owner has the right to be buried in the grave, authorise other burials in the gravesite and apply for a memorial permit. They are also responsible for maintaining the memorial, following specific cemetery rules and regulations. The registered owner can also apply to extend the deed by completing an application with the Cemetery Office. A fee is then paid for each 5-year extension period.

If the owner of the grave is the person who has passed, their will determines who takes over ownership of the grave. Executors named in the will are usually the first to take ownership as they are charged with managing the deceased’s estate. Without a will, administrators named in the Letters of Administration assume ownership. The next of kin take ownership automatically if no executors or administrators are named in the will. If the deceased did not leave a will, then the next of kin can complete a Statutory Declaration, outlining their relationship to the person who has passed and their right to take over the ownership of the grave.  

What is an Exclusive Right of Burial?

An exclusive right of burial is the lease given for a burial plot for a set period of time. During this time, the person with ownership of the named grave has the automatic right to be buried in the grave and can allow others to be buried, if space permits. Whilst if someone has the exclusive right of burial, nobody else can be buried in the plot.

How long after burial can a headstone be placed?

While there is no one specific rule around how long you need to wait before you can put a headstone on a burial grave, it is recommended that you wait for at least six months before erecting a headstone. This is for a number of reasons, the first of which is that the ground needs time to settle before a gravestone can be erected. For the first six months, the grave may still be settling – and in some burial grounds, this can be a risk for closer to a year. If a headstone is placed in sinking ground, then it is likely to lean forward.

There are emotional reasons too; you will have a clearer idea of what you want inscribed on a headstone after a few months when the initial shock has passed and the grieving process is slightly further along. The epitaph you choose will be there to last, so it is worth taking the time to ensure that it is right.

Replacing a Headstone Law

Only the Registered Grave Owner is legally entitled to replace a headstone. If anyone else erects a memorial without their support, it can be removed in compliance with laws supporting the removal of any unauthorised items from the grave site. These restrictions do not just apply to the headstone itself, but also to any toys, memorabilia or gravestone ornaments that may be on the grave.

The Registered Grave Owner may also be instructed to replace a headstone if it is not in compliance with the rules set by the cemetery if the offending aspects (such as an inappropriate colour, decoration, flower vase or type of image) cannot be altered in situ. Here are some sandblasted designs for inspiration.

Are there cemetery headstone rules for putting a headstone on a grave?

Cemeteries typically have their own rules regarding the placement of headstones in cemeteries. The rules can vary by local council or cemetery but generally are in place to ensure that headstones are kept safe and are in line with the cemetery’s appearance. The material, size and design of headstones may differ across cemeteries. Rules also cover installation: headstones must be installed by an approved stonemason. Some cemeteries also require a specific form to be completed for approval before installation.

Can a cemetery move a headstone without permission?

Without a court order or other legally binding ruling, a cemetery cannot remove a headstone without the plot owner’s permission.  If there are safety concerns around a particular memorial headstone, such as material degradation over time, the cemetery should contact the plot owner first in order to resolve this.

Adding a Second Name to a Headstone

If you are the Registered Grave Owner, adding a second name to a headstone is possible and allowed, provided that the lettering and any additional decoration comply with cemetery restrictions. It is also possible to have an extra inscription added to the back of the gravestone if there is no space on the front – this is rarely prohibited.

The cost of adding a second inscription to a headstone, or adding to the inscription on an existing headstone or memorial, does tend to be more expensive than the initial inscription, even if the work is being carried out in situ. You can either seek out the company responsible for inscribing the headstone in the first place or find someone new. Often the price is discounted for returning customers but distance can also play a part in the quote you receive so it is always worth contacting a few different companies for comparison.