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#1 Posted : 02 August 2004 12:42:00(UTC)
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Posted By Bob Youel Anybody got any case law /other update info re liabilities for closed grave yards beyond / around general maintenance. Background: The law in UK states that a closed churchyard automatically becomes the maintenance responsibility of the local council [note that ownership does not change and the owner can claim it back at any time even after the council has spent many £££ on it - good law for the land owner!] The question is: What is ment by the term 'maintenance'as we may get a bill for 4 Million to maintain a piece of land less than one third of the size of a football pitch We argue that maintenance is of a general nature not a major rebuild etc event. Even case law etc on occupiers liability in a case like this would be helpfull as the occupier is still the land owner and permissions need to be sort for almost everything however the maintenance liability is still the council. TA!
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#2 Posted : 02 August 2004 13:25:00(UTC)
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Posted By Mike Charleston Bob Why not start with formal definition of the word "Maintenance" - such as that used in Reliability Centred Maintenance: "Ensuring that physical assets continue to do what their users want them to do" (Moubray, 1991 et al) If that looks too much, try the Oxford English Directory's "Cause to continue" or Webster's "Keep in an existing state". Mike
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#3 Posted : 03 August 2004 15:46:00(UTC)
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Posted By Ken Taylor I have never seen anything specific on what this entails and think we are in the realms of what might reasonably be expected (ie by the man on the Clapham omnibus) of the condition of a graveyard. In addition to grass-cutting and the like, I (having once travelled on such a conveyance) would expect both health and safety issues to be addressed - particularly with regard to the condition of pedestrian routes and integrity of graves.
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