“the  law about churchyards and monuments erected in churchyards is arcane, and is not well understood even by the clergy and the parish officers who have to deal with it”

McClean Ch, Re Kilnhurst St. Thomas

The ownership of a headstone is important in relation to the nature of its memorialisation and the liabilities related to safety. A comprehensive review of the legislation is provided by McClean Ch. in Re Kilnhurst St. Thomas [2012] Sheffield Const. Ct., McClean Ch. Also see: Church of England Opinions Churchyards: ownership of monuments and trees[1]; and the Ecclesiastical Judges’ Association Report of Working Party into Churchyard Memorial Regulations, (October 2024).

The recently reported judgment Re St. Lawrence Mereworth [2026] ECC Roc 2 concerns a petition which sought a confirmatory faculty for the restoration of a 1955 memorial, and explores the application of and exemptions to “heir-at-law”. The ELA Summary is here. Continue reading →