Home Burial

Home funerals are sometimes linked to home burial. But one does not necessitate the other. A funeral home can prepare a body for home burial. A funeral home or crematory can handle the disposition, either burial or cremation, of a body that has been prepared at home. Home burial can involve either a full body or cremated remains.

You might not guess that most states are very lenient about allowing full body burial on personal land. Usually it is a matter of impact on the surrounding community and environment. But generally, full body home burialis possible at least in rural areas, perhaps with some setback requirements. Your state’s death care statutes will detail any restrictions. If you are in a more populous area, there are often additional ordinances, available in your municipality's code department. If you would like professional and immediate assistance to determine home burial regulations, consult a locally licensed real estate attorney. Note that burial regulations typically apply to full body burial exclusively. Cremated remains pose no public health concerns.

However, with home burial, regulations aren’t the only aspect to consider. In some states, home burial establishes a cemetery. There may be additional requirements as a result. For example, you may be required to grant access to the burial site. This access may come in the form of a “prescriptive easement” which attaches to the deed. This, in turn, could impact future sale of the property. Even the existence of a burial on the property may impact its sale. Some buyers may dislike the idea. Given the potential implications, it is wise to consult with a real estate attorney.

Relocating a body may be a difficult undertaking: legally, physically, and emotionally. On the other hand, relocating cremated remains is simple.

Lisa S.
August 29, 2010