Beyond the graveyard: Can you be buried on your own property?

Is it legal to bury a body on private property?

Under English and Welsh law, you are allowed to bury a body on private land, provided that several conditions are met:

• Land Ownership – You must have the consent of the landowner to bury a body on their land and the landowner must keep a burial register detailing who is buried and where. It is important that the landowner also checks that there are no restrictive covenants attached to the land which prohibit burial.
• Environment – The burial must not take place within certain distances of water, these distances vary depending on the type of water source. Although there is no legal minimum depth for a grave, it is recommended that there is two foot of soil between the coffin and ground level.
• Authority – Prior to the burial taking place, a Certificate for Authority for Burial must be obtained from the Registrar of Births & Deaths.

Other alternative methods of burial

What other types of burial might a person consider, for example, a Viking burial perhaps? We have all seen the films where a boat is set out to water and engulfed in flames. However, open air cremation is illegal in the UK, so we won’t be arranging Viking burials anytime soon!

If you wanted to be buried at sea, you could choose from one of the three designated burial sites on the UK coastline and a marine licence would need to be obtained. Alternatively, you could opt for your ashes to be scattered at sea without need for a licence.

The options for alternative burials have increased in recent years with eco burials and burial meadows becoming more common. There are even providers who offer services to send your ashes into orbit, put them into fireworks, or turn them into diamonds.

Whatever your burial wishes might be, which could be to buried on your own property, make sure that your loved ones are aware and able to arrange it for you. The easiest way to do this is to include your funeral wishes with your Will. Whilst funeral directions included in a Will are not legally binding on the executors, they are helpful and you can set out your wishes and explain the practicalities of how your family and friends may achieve them. If you are looking to update your Will, please get in touch with one of our team. We can help you deal with this sensitive subject and even Vikings are welcome!