Who according to the law is the holder of the grave and has the right to manage it

The All Saints period is an excellent chance to monitor the state of burial sites to avoid harm or even liquidation. Graves can be damaged by falling branches, strong winds, work carried out at neighboring graves, vandalism, and negligence. In addition, the failure to pay burial fees may consequence in the demolition of the grave in the longer term, which may be a serious burden for the families of the dead.

Persons liable for graves

Each of those who have their loved ones buried in the cemetery has the chance to intervene in matters of cemetery management, including the settlement of late fees. However, more serious repairs on graves can be carried out by the individual who is the holder of the grave.

A individual who purchased a place in the cemetery, built a tomb for himself and his household (founder) and is registered in the cemetery registry is usually the holder of the grave. In practice, he is frequently the heir to the funder. However, in the case of older tombs, especially in the case of graves of unclear status, the issue of having them according to the cemetery's regulations may be complicated. People are dying, and their loved ones want to hold the right to care for the grave and commemoration, even if they have no direct connection with the founder of the grave.

Closely buried persons have the right to defend the inviolability of the grave, regardless of who is formally entitled to the tomb. Then comes the non-material aspect of the right to the grave, which according to the case law of the ultimate Court is more crucial than the property aspects, although conflict settlement frequently ends in court.

Protection of the grave

People close to the deceased, even if they are not members of the grave, can implement judicial procedures to remove obstacles to commemorating their loved ones, specified as discovering a plaque with the deceased's name or demanding the refurbishment of the grave, which is the work of the individual liable for the tomb. They may besides require the cemetery's board to take care of the grave's surroundings, specified as repairing a neighbouring grave, which may endanger the integrity of their relative's grave. In any cases, they may besides object to ‘sale’ by the owner of a part of the tomb to a 3rd party.

Unfortunately, interference in grave rights, both property and non-life, can lead to more complicated and controversial situations. An example is the communicative of a individual named M. who neglected her rights to the tomb at the Rakowiecki Cemetery in Krakow, where her grandfather's second wife was buried. Although she had been associated with her since childhood, she left for Australia in the 1980s and seldom visited Poland. Meanwhile, in 1998, distant relatives of the dead, unlawfully, buried his brother and later his parents in this tomb. The Krakow courts considered this a violation of M.'s rights to commemorate their loved ones, but did not agree to exhume persons buried illegally.

– In clashing respect for the peace of the dead and the right to the grave, respect should be given, unless exceptional circumstances warrant specified a drastic measurement as exhumation. The defendant's household can so proceed to come to the grave, has the right to worship his dead, but cannot hide further relatives there," said SN.

It is worth noting that the control of available grave sites goes beyond standard management and requires the consent of all co-authors, respecting their right to commemorate their ancestors and relatives. The financial aspects, specified as the costs of the construction of the grave, the burial charges, must not be neglected, and an earlier agreement is so recommended between the closest deceased on the future usage of the grave.

In the event of a possible change in the rights to the grave, it is worth considering giving them hereditary character, since even having a grave is subject to inheritance protection.

Dear reader, we remind you that all legal matters in this substance we compose about can be complicated and frequently require the aid of a lawyer. It's worth discussing it with a lawyer before taking legal action.

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