Sir: The residents of Chatham-Kent are unaware that the Municipality of Chatham-Kent has bylaws in place that restrict where your loved ones can and cannot be buried. These bylaws apply to all cemeteries owned by the municipality.
Before amalgamation, people would purchase four plots. On plot would be for them and one for their spouse. The other two plots were for their children or grandchildren. A deed was issued to the person who paid for them.
Now C-K has bylaws in place that state that the plot had to be willed to you by name if you want to be buried there. And the grieving family will have to apply in writing for authorization to bury their loved one in the plot owned by their family.
So your interment rights are no longer valid as we once knew them.
According to the bylaw, you must apply in writing to the Cemetery Office specifying name and address of proposed transferee. Upon receipt of the information and payment of a fee, the transfer will be made.
In case of transmission of ownership by will or bequest of interment, C-K reserves the rights to ask for a notarial copy of the will.
So now you must involve and pay a lawyer so you can just bury your loved one. This all takes place while you are grieving.
Bylaw No. 3.13 states:
“If a lot is sold (already owned ) and has not been used in 20-year period, it may be considered abandoned. C-K will apply to the registrar for a declaration that the interment rights are abandoned after making inquiries and giving notice to find the interment rights holders or beneficiaries. Upon being satisfied that the rights are abandoned, the registrar shall issue a declaration to that effect. If there is not an appeal within 30 days of Notice of the Registrar’s Declaration, then C-K may resell the lot in question.”
So now I have learned that I have to engage a lawyer to be buried in a plot that was willed to me. The paragraph in the will reads, and I quote, “I leave all my property so wherever located to my trustees.”
Some plots were purchased for $40 and if they can be resold what will they sell for $1,000 or more. I call that theft.
Now I am starting to question the validity of a will, a legal document.
I never realized how hard and costly it would be to be buried in Chatham-Kent.
These bylaws were never brought to light until the funeral directors pointed out this underhanded injustice; another money grab to the taxpayers who usually don’t know the bylaw exists until they have to bury a loved one.
I am not proud to say I live in Chatham-Kent.
Doreen Pook
Blenheim
Our family owns 4 plots in Blenheim, my parents and brother are in 3 and the 4th is for me. I have decided to be cremated and have my ashes disbursed. If CK goes through with this underhanded tactic, what happens to our headstone, does that give them the right to have the “new tenants” name engraved on my space? Even though I have no intentions of using it, my children or grandchildren God forbid need used of it.
My understanding is that no one can alter your headstone without their name having been submitted & permission granted in writing by the owner of the stone. Were someone to buy your plot, they could possibly mark it with a name plate. Best to check with the monument dealer.
I think you’ve raised a good point about a bad by-law.
A petition to amend Bylaw No. 3.13 to include a clause, where “valid wills with transfer of property will supersede the by-law” may solve the issue. Another thing id like to see is the 30 day no response period extended to a year and to need at least 3 attempts at contact. The city is stealing land from people and that’s not right. What do you think? Something through change.org might be an easy thing to set up and deliver to city council. If you’re interested in having a conversation about this or have something to add email me at dore.tyler@gmail.com
what’s the diff now or when the amalgamated, they stole then what makes everyone think they’ll stop now….this is the low of the low
How disgraceful! Shame on the CK counsellors who brought this about, shame on you! Most of my family is buried in the Wallaceburg cemetery of which is a disgrace in itself as it’s not as well cared for as it was before amalgamation. It seems that Chatham feels themselves as more important that the smaller communities it amalgamated with. Tax dollars these communities pay should go for their communities not the city of Chatham! I live away from Wallaceburg now but my family are still there. I was considering my final resting place to be near my family in Wallaceburg but am thinking hard about whether that is a good choice now. Shame, shame, shame.
I’m thinking the problem is that there are a large number of plots scattered throughout the cemetery that were purchased many generations ago that are laying un-claimed. Contact with family ends & plots sit empty. The need for plots never ends, but the supply does. No doubt the municipality is simply trying to manage demand now & in the future.
Perhaps future purchases could include an obligation on the family to renew the contract every so many years