Herne Road Cemetery
A Guide to Grave Ownership and the Exclusive Right of Burial
Crowborough Town Council is the burial authority for the parish of Crowborough and it maintains the Herne Road Cemetery, which incorporates a Garden of Remembrance for the interment of cremated remains, as well as a traditional burial ground. Within the cemetery grounds is St Thomas' Chapel. This small chapel is able to accommodate approximately thirty people and is available for services upon request.
All burials and memorials are subject to the current cemetery regulations. Please click here for a copy of the cemetery regulations.
Please click here for an Application for Interment form.
Please click here for an Application to Erect, Alter or Repair a Memorial form.
For all enquiries please contact the Town Hall on 01892 652907 or email email@example.com
Purchasing an Exclusive Right of Burial
When a grave is purchased it refers to the purchasing of the Exclusive Right of Burial in a grave space and not the purchase of the land itself. This means that you do not own the land but have the right, during the period stated, to say who can be buried, or have cremated remains buried, in the grave space.
We will provide you with a Grant of Exclusive Right of Burial and it is important that you keep this in a secure place as it is the only legal document confirming your entitlement to the Right.
It is very important to notify us of any change of address so that we can contact you regarding the cemetery or grave space.
For information on all fees relating to the purchase of an Exclusive Right of Burial, interments and memorials, please click here .
How long does the Right last?
The Right is currently granted for a period of 75 years. You can renew the Right subject to such restrictions and regulations as are in place at that time. Any application for renewal should be made within twelve months of the expiry date.
Can more than one person own the Right?
Legally a number of people can jointly own the Right; however, please be aware that all owners are required to give permission before a grave can be opened. If one of the owners will not sign the grave cannot be opened for a burial, or for a memorial to be erected or altered.
What happens when the owner dies?
Providing there is space, all owners have the legal right to be buried in the grave. When there are a number of owners and one dies, the rights are then shared by the remaining owners. This continues until there is only one owner, at which point the Right will be transferred via their estate.
Can I pre-purchase a grave space?
It is no longer possible to pre-purchase burial plots in the cemetery. However, it is possible to pre-purchase cremated remains plots in the Garden of Remembrance; to do so please contact the Town Hall.
Transferring the Exclusive Right of Burial
Can I transfer the Exclusive Right to someone else?
Yes. A living owner can change ownership using a Form of Assignment. Please contact the Town Hall for further information.
What happens when the owner dies?
When the last remaining owner is deceased a transfer must take place, via their estate, before any further burial, erection of a memorial or amendment of a memorial may take place. There are several different ways in which a transfer may be accomplished, depending upon how the estate of the deceased owner is being, or has been, handled:
If the deceased owner left a will AND a Grant of Probate has been obtained
If a grave owner has made a valid will and left an estate of sufficient value to require a Grant of Probate, ownership of the grave will be transferred to the Executor/s. The Executor/s will need to provide us with a sealed copy Grant of Probate (NOT a photocopy) and, if possible, the original Deed of Grant of Exclusive Right of Burial.
If an Executor does not wish to retain the Right they can then transfer it to whomever they choose using a Form of Assent, which is available from the Town Hall.
If the deceased owner left a will but NO Grant of Probate has been obtained
If a grave owner has made a valid will but the estate is not of sufficient value to require a Grant of Probate then ownership will be transferred to the Executor/s named in the will by way of a Statutory Declaration. The Executor/s will need to visit the Town Hall with the will and any codicils (we will only take a copy of the relevant part of the will/codicil showing the Executor/s). This information will be used to create a Statutory Declaration in the name of the Executor, who will then need to take the document and sign it in the presence of a Magistrate or Commissioner of Oaths. Many local solicitors are Commissioners of Oaths and will provide this service for a small fee.
If the deceased owner did NOT leave a will BUT a Grant of Letters of Administration was obtained
If a grave owner did not leave a valid will but left an estate of sufficient value to require a Grant of Letters of Administration, ownership of the grave will be transferred to the Administrator/s. The Administrator/s will need to provide us with a sealed copy Grant of Letters of Administration and, if possible, the original Deed of Grant of Exclusive Right of Burial.
If an Administrator does not wish to retain the Right they can then transfer it to whomever they choose using a Form of Assent, which is available from the Town Hall.
If the deceased owner did NOT leave a will and a Grant of Letters of Administration was NOT obtained
If a grave owner did not leave a valid will and left an estate of insufficient value to require a Grant of Letters of Administration the ownership will be transferred to the lawful next of kin by way of a Statutory Declaration. This document will need to be signed in the presence of a Magistrate or Commissioner of Oaths. Many local solicitors are Commissioners of Oaths and will provide this service for a small fee. For further information on lawful next of kin, please contact the Town Hall.
Can I erect a memorial?
The owner of the Exclusive Right of Burial has the right to apply for a memorial to be placed on the grave space, or to alter any existing memorial, in accordance with the current cemetery regulations. To do so, you will need to complete an Application to Erect a Memorial form which is available from the Town Hall. Most stonemasons will complete this form for you but the owner of the Exclusive Right of Burial MUST sign it.
Can I erect any type or memorial?
No. There are conditions relating to the size and type of memorial and materials used. Further information may be found in the Cemetery Regulations or by contacting the Town Hall. A permit will only be issued if the conditions are met.
How much does it cost to obtain a memorial permit?
A full list of the charges relating to memorials can be viewed here .
For more information please contact:
Crowborough Town Council,
The Broadway, Crowborough, TN6 1DA
Telephone: 01892 652907
The Town Hall is open 9am – 5.00pm Monday to Thursday
9am – 4.30pm Fridays.
Summersales is a recently aquired piece of grassland located on the outskirts of town on London Road.
Following extensive ecological and geological surveys the Council has sought, and obtained, planning permission to use the land for a new burial ground.
Work began in Autumn 2015 to create the entrance and car park for the site, and will continue throughout 2016.