Demetriou v Mapara & Ors [2022] EWCA Civ 1001 (19 July 2022)

Demetriou v Mapara & Ors [2022] EWCA Civ 1001 (19 July 2022)

The exclusive right to dig graves granted to Badgehurst under the deeds was personal and did not pass to successors in title, including Mr Demetriou. Regulations made by Mr Demetriou could not confer on himself the exclusive right to dig graves in the areas covered by the burial rights. The judge did not err in the form of the declarations or in the exercise of his discretion.

Citation
[2022] EWCA Civ 1001
Parties
Defendant/appellant: Peter Demetriou (also known as Panayiotis Demetriou); Claimant/respondent: Mehmood Mapara; Claimant/respondent: Saleem Shaikh; Claimant/respondent: Abdul Rashid Teladia; Claimant/respondent: Ismail Isa Amaan
Jurisdiction
England and Wales
Judgment Date
19 July 2022
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal and Cross Appeal From High Court
Outcome
Appeal and cross-appeal dismissed
Legal Topics
Burial Rights, Interpretation of Deeds, Successor in Title, Exclusive Rights, Regulations in Private Cemeteries
Property Law Trusts and Estates Burial Rights Interpretation of Deeds Successor in Title Exclusive Rights Regulations in Private Cemeteries

Case Brief

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Parties

Peter Demetriou (also known as Panayiotis Demetriou)

Defendant/appellant

Mehmood Mapara

Claimant/respondent

Saleem Shaikh

Claimant/respondent

Abdul Rashid Teladia

Claimant/respondent

Ismail Isa Amaan

Claimant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal and Cross Appeal From High Court

Legal Issues

  1. 1 Whether the exclusive right to dig graves granted to Badgehurst under the deeds passed to its successors in title, including Mr Demetriou
  2. 2 Whether Mr Demetriou could confer on himself the exclusive right to dig graves by making cemetery regulations
  3. 3 Proper interpretation of the terms 'areas' versus 'plots' in the deeds

Ratio Decidendi

The exclusive right to dig graves granted to Badgehurst under the deeds was personal and did not pass to successors in title, including Mr Demetriou. Regulations made by Mr Demetriou could not confer on himself the exclusive right to dig graves in the areas covered by the burial rights. The judge did not err in the form of the declarations or in the exercise of his discretion.

Court Disposition

Appeal and cross-appeal dismissed

Orders

  • The exclusive rights to dig graves at the Cemetery for the Association granted to Badgehurst in the Deeds was not also granted to Badgehurst's successors in title and did not pass to Mr Demetriou on his acquisition of the Cemetery.
  • Mr Demetriou is not entitled to insist on digging graves for the Association pursuant to his regulations for the Cemetery as they were at the date of trial.