A RETIRED Limerick solicitor says he intends to take the council to court docket after he claims he was informed he would not be allowed to be buried beside his spouse of their household plot.
John Hayes, 88, has seen generations of his household interred in the identical plot at Mungret Cemetery.
Now, the Patrickswell man says he’s going to provoke authorized proceedings by way of the Circuit Courtroom after he says he was informed there’s “inadequate” depth of soil remaining within the household plot to cowl his coffin. His spouse has been laid to relaxation on this plot.
The problem emerged following the passing and burial of his spouse Maisie in October 2021.
Mr Hayes believes enough house might be discovered so as to accommodate his stays in the identical plot, doubtlessly by digging deeper, or lowering the scale of the coffins within the space.
Mr Hayes claims his spouse’s stays have been positioned in a six foot eight inch oak casket, regardless that she measured lower than 5 foot seven inches in top.
However Limerick Metropolis and County Council – he claims – says there’s not sufficient depth of soil, and additional digging may influence on the ruins of the church within the cemetery, which is a protected construction.
Mr Hayes says that on the time his spouse was laid to relaxation, the council wouldn’t comply with have her interred in what he described because the “regular” place.
“They insisted the coffin wouldn’t match within the standard east-west place. She needed to be buried throughout the grave. On the time, I used to be too upset to argue the difficulty and even advance a proposition the coffin might need been shorter,” he mentioned.
Mr Hayes claimed it was mentioned to him that if he was cremated his ashes may very well be buried beside his spouse in Mungret Cemetery.
However he’s mentioned it’s one thing he has a “robust aversion” to.
“That grave is in my household for 200 years or longer. I’ve inherited it from my grandparents. When the time got here, I used to be capable of have my grandchild buried there, and I’m now decided that’s the place I shall be. I at all times thought I’m going to be with my ancestors.
“It’s vital that officialdom can’t breach what I might name the custom and the rights of individuals from this metropolis and county,” he added, declaring he believes the plot is legally his – and never council property.
“Other than the heavy monetary implications, I imagine that there’s precedent for folks proudly owning graves in these previous graveyards to have the ability to proceed their use with out the heavy hand of the powers-that-be restraining them unnecessarily,” mentioned the retired solicitor.
The rationale Mr Hayes has gone public is that he feels that there could also be different folks in the identical place. Attributable to a rise in growth within the Mungret space, he says the opportunity of harm from vermin across the graveyard has additionally been raised with him.
It’s one thing he dismisses, saying: “One wonders what sort of vermin would eat by way of a heavy oak coffin at a depth of two-and-a-half ft. It’s absurd in my view.”
Mr Hayes confirmed he’ll “persevere” in his efforts to be together with his spouse and ancestors. “I’m, as you’re conscious, too previous to be at loggerheads with officialdom, however this won’t deter me,” he added, saying the difficulty can nonetheless be sorted out with out resorting to the courtroom. “I respect time is just not on my aspect,” Mr Hayes concluded.
The Chief has contacted Limerick Metropolis and County Council for remark.
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