Burials on private land
Although burial principally occurs in purpose-designed
cemeteries or churchyards, there are some exceptions. Families with
large estates have routinely built a mausoleum or similar building
on their land, for the burial of family members. Some individuals
have been buried in farmland and others in gardens, without this
becoming generally known. More recently, this form of burial has
obtained media coverage and numbers have significantly
increased.
Much of this has been due to the Natural Death Centre, a
charity formed to support a less formalised routine for funerals,
as well as better approach to death generally. They have issued a
handbook and a further publication called 'Green Burial', which
explain how to arrange these burials within the legal and planning
requirements.
There are several advantages of this form of burial. It allows
you to organise a very personal funeral, in which you maintain
total control. You are able to reduce costs significantly by
avoiding the use of a funeral director, by making your own coffin
or dispensing with this altogether, and not having to purchase a
grave in a cemetery. It is essential that you obtain permission to
complete a burial, where you are not the landowner of the ground
involved. You are also advised to notify any individual or mortgage
company that has an interest in the property. Access to the grave
may be denied or restricted by change of ownership.
The difficulties are also significant, although these vary
according to the location. Most locations fall into two categories,
on farmland and in a garden.
Burials on farmland
These locations are rarely overlooked and will not offend
neighbours or the public at large. The gravesite should be on land
with a deep water table and be sufficient distance from
watercourses so as not to pose a pollution threat. Electrical or
other services must obviously be avoided. A limited number of
burials over a period of time may not constitute a "change of use"
and no planning approval is thereby necessary. Information
submitted by the Natural Death Centre states "Recent local
authority Certificates of Lawfulness have decided that planning
permission is not required for the non commercial burial on private
land of a limited number of family, friends or those living in the
house". These decisions have not been tested in the
courts. Exceeding a "limited number" of burials may require
planning approval for use as a cemetery or for "mixed use" if
farming is also to continue.
Burials in gardens
The situation in a garden is complicated by the proximity of
neighbours. They may oppose the burial nearby and may be offended
by the site of a coffin or a body. Although these may not pose
legal objections, it may not be conducive to good relationships.
Otherwise, the aspects outlined under farm burials overleaf are
broadly similar. The particular difficulty in these locations is
the reduction of the property value due to the presence of a grave.
Although figure of 20% is mentioned, this has yet to be proven.
Undoubtedly, a significant fall will occur although the fact that
many buyers would not even consider the purchase seems more
relevant.
Other issues regarding burial on private land
Two major concerns influence the choice of burial on private
land. Firstly, the body could be exhumed by any new property
purchaser, and reburied in a cemetery. This reason for obtaining an
exhumation licence has yet to be tested, but would seem feasible.
There are legal means (restrictive covenant) by which you can
ensure the grave remains untouched, but this will involve costs and
other uncertainties. Secondly, details of the burial will not be
officially recorded, as they would be in a cemetery. Nonetheless,
it appears that there is a statutory requirement for the landowner
to maintain a register of burials. This can be in the form of a
sheet of paper or a notebook, preferably with a plan to show the
location. These should be kept somewhere accessible in case the
grave is disturbed by building or excavation works at some stage in
the future.
A certificate of burial issued by the Coroner or Registrar of Births and Deaths will
have to be obtained. The detachable section of this is to be
completed and returned to the Registrar by the person arranging
burial. It is important to note that, as explained above, the
details of the burial, including the burial location, are not
recorded by the Registrar. The Registrar is appointed to record
population data and is not able to record the place of burial.
Depending on the circumstances, it may be difficult to obtain
the services of a funeral director to assist with this type of
burial, although it is possible do the funeral yourself.