Burials usually occur in cemeteries or churchyards; however, some
individuals choose to be buried in private land, e.g., farmland,
woodland or private gardens. The Natural Death Centre, a charity
formed to support non formalised types of funerals, have issued
“The Natural Death Handbook” which incorporates details on how to
arrange such burials in accordance with the Registration of Burial
Act 1864.
When considering a private land burial the following information
should be noted:
· If you own the land
concerned, you must check the deeds to ensure there are no
restrictions on what the property may be used for.
· A certificate of
disposal is issued by a Coroner or the Registrar of births, deaths
and marriages when the death is registered, the detachable section
needs to be completed and returned to the Registrar.
· The Registrar of
births, deaths and marriages must be notified of the place of
burial. As records are only held by them concerning the private
burial site for 5-6 years, a "Burial Register" will need to be
created. This is a record kept with property deeds indicating, who
is buried, where they were buried and when they were buried; as if
the land is sold or building work enacted, then the police and
whoever owns the property will need to know about the site. It is
recommended that an amendment be added to the land registry so a
permanent record is available for future purchasers.
·
Burials should be at least 10 metres from any field drain or ditch
draining to a water course, 30 metres of any spring or standing or
running water and at least 50 metres away from any well, borehole
or spring that supplies water for any use.
· The
burial site must comply with Environment Agency guidelines as
failure to comply with these guidelines can lead to the
body being exhumed.
· There is no minimum
depth at which a body should be buried, although a minimum of 1
metre from the coffin top to the soil surface is recommended. The
bottom of the burial cavity must be free of standing water when
excavated.
· If a
memorial is planned for the person buried, planning permission may
be required from the council’s planning department to have the
memorial erected as any memorial is considered a building under
national Planning law. In some circumstances, planning permission
may not be required providing that no substantial memorial were
erected, it is unlikely whether land where one person was laid to
rest would be held to be burial ground, this might change if two or
more were similarly interred.
· Once remains have
been buried, they may not be disturbed or removed without
authorisation. There is no guarantee that future owners of the
property would allow a burial to rest in peace and could apply for
a Home Office license for exhumation. In addition, future owners
may prevent access to relatives who wish to pay their respects at
the burial site.
· The value of the
property may be affected by a burial within its grounds, as
prospective buyers would not consider purchasing.
Social implications should be considered, as neighbours would no
doubt be concerned about any burials taking place in close
proximity to their homes.