Re-use of existing burial space

“…no churchyard is full and ripe for closure until all the parts of it in which reburial is possible have been buried over again at least once. And, until closure, all legal burial rights continue”

Newsom QC Ch. in Re West Pennard Churchyard

Despite well-established legal principles, there are relatively few recent considerations on the re-use of grave spaces. In Re St. Mary West Horsley [2026] ECC Gui 3, (4 September 2026), Whitehouse Ch. noted that in view of the increasing scarcity of grave spaces in the Diocese, it was likely that there would be more such petitions coming before the consistory court. She therefore indicated that it was appropriate to deliver a written judgment since she could  identify no recent judgment in relation to such a Petition in the Diocese of Guildford[5] [1]. Continue reading