|
|
|
Ecclesiastical Case Reports
Re North Wingfield
(Derby Consistory Court: Bullimore Ch, November 2002)
Churchyards–unauthorised additions to monuments
The team rector and churchwardens sought a faculty to remove ‘all unauthorised materials, including ornamental edgings, chippings and freestanding items, from graves in the churchyard’. There was considerable opposition from families who had introduced such items. The chancellor found that the unlawful additions to the graves were put in position without permission and, as a matter of pure law, were a trespass. They contravened the chancellor’s guidelines and made maintenance more difficult. Failure to prevent or remove such additions did not amount to a waiver of the rules. However, he found that interference with the additions (which had been tolerated for a number of years) would be deeply resented by those who used such memorials to help in their grief. The chancellor stated that the materials in question may remain until further order and gave the petitioners leave to reapply for the removal of additions to such graves as were not maintained in good order and for removal of such additions as would impede the transfer of the maintenance of the churchyard to the local authority in due course. The chancellor directed that no further such unlawful additions were to be made and that the rector, churchwardens and PCC were to take steps to clarify the need to obtain permission to erect a memorial.
[WA]
|
Search the Case Reports & Journals (issues 1 to 39) |
|
|
