Know Where The Bodies Are Buried' What If The House I'm Buying Has Graves In The Garden?

• Published date: 31 March 2022
• Subject Matter: Real Estate and Construction, Real Estate
• Law Firm: Forsters LLP
• Author: Ms Idina Glyn

As strange as it sounds, it isn't unusual for country houses and estates to come with a few skeletons in the cupboard - or the garden at least. Many have graveyards or graves in the grounds, usually for previous inhabitants.

Graveyards or mausolea are occasionally retained by the descendants or their trustees, and may even be consecrated. So, what do you do if the house you are buying has graves in the grounds?

In general, people will be buried in a church graveyard (consecrated ground, owned by a Church of England body). Where they are buried on private land, that site may be consecrated too, in which case special restrictions apply. While we deal with consecrated mausolea and private chapels on some of our larger estates, most of the graves in country houses are on land that is not consecrated, and it is those cases that this article considers.

When buying a house with private graves, first, you need to check the burial complies with the existing law. The law on burials is largely drawn from Victorian times and is not as prescriptive as one might imagine. There is no restriction on burying someone on un-consecrated private property. However, the landowner does need to comply with various requirements. For instance, a landowner must:

• Obtain a Certificate of Authority for Burial, usually obtained when the death is registered.
• Comply with Environment Agency requirements not to pollute groundwater.
• Not commit a nuisance, injury to neighbours, or breach any freehold or leasehold covenants.
• Maintain a burial register pursuant to the Registration of Burials Act 1864. There is no prescribed form for the register, so a simple plan and note of who is buried, when and where should suffice. Failure to keep a register is a criminal offence.
• If required, obtain planning permission. Permission is only required where the burial would constitute a change of use under the planning regime. Surprising though it may sound, this is simply a...