Burials in Private Land
Extracted from 'The Charter For the Bereaved'
(1) Information
Although burial principally occurs in purpose designed
cemeteries and 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 a better approach to death generally. They have issued a
handbook and further publication called “Green Burial”, which
explain how to arrange these burials within 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.
(a) Farmland
These locations are rarely overlooked and will not offend
neighbours or the public at large. The grave site 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 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. The Department of the
Environment are more cautious, and accept merely that planning
permission is not required for the burial of one or two persons in
back gardens”.
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.
Safe grave excavation would be a further consideration, as well
as leaving sufficient depth of soil (three foot) over the body. If
it is intended to fence or mark the grave(s) with a memorial,
planning permission may be required. In effect, a single burial in
a farm situation can proceed without an approach to, or the
approval of, any council or other official organisation.
(b) Garden
The situation in a garden is complicated by the proximately of
neighbours. They may oppose a burial nearby and may be offended by
the sight of a coffin or body. Although these may be not pose legal
objections, it may not be conducive to good relationships.
Otherwise, the aspects outlined under farm burials above the
broadly similar. The particular difficulty in these locations is
the reduction of the property value due to the presence of a grave.
Although figures of 20% are 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 at all seems more
relevant.
Two major concerns influence this choice of burial. Firstly, the
body could be exhumed by any new property purchaser, and re-buried
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 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 for burial issued by a Coroner or Registrar or
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 upon the circumstances, you may find it difficult to
obtain a funeral director to help you with this type of burial. You
can of course do the funeral without a funeral director.
(2) Charter Rights
(a) It is your right to receive factual information on burial in
private land from your Charter member.
(3) Charter Targets
(a) Charter members are encouraged to provide a green or natural
burial option as an alternative to burial in private land.
