Property Law

Can You Be Buried on Your Own Property in Massachusetts?

Learn about Massachusetts laws on home burials and property ownership

Introduction to Massachusetts Burial Laws

In Massachusetts, the laws regarding burials on private property are governed by the Department of Public Health and the local board of health. While it is possible to be buried on your own property, there are specific requirements and regulations that must be met.

The Massachusetts General Laws, Chapter 114, Section 34A, outlines the regulations for burials on private property, including the requirement for a burial permit and the need for the property to be designated as a family cemetery.

Requirements for Burial on Private Property

To be buried on your own property in Massachusetts, you must meet certain requirements, including obtaining a burial permit from the local board of health and ensuring that the property is zoned for cemetery use.

Additionally, the property must be at least 10 acres in size, and the burial site must be at least 100 feet away from any neighboring property lines and 200 feet away from any water source.

Regulations and Restrictions

There are several regulations and restrictions that apply to burials on private property in Massachusetts, including the requirement for a minimum of 10 burials to be allowed on the property.

Additionally, the property owner must provide written notice to the local board of health and the Massachusetts Department of Public Health at least 30 days prior to the first burial, and must maintain records of all burials on the property.

Obtaining a Burial Permit

To obtain a burial permit in Massachusetts, you must submit an application to the local board of health, which must include information about the deceased, the burial site, and the property owner.

The application must also include a copy of the death certificate and a plot plan of the property, showing the location of the burial site and any other relevant features.

Conclusion and Next Steps

In conclusion, while it is possible to be buried on your own property in Massachusetts, there are several requirements and regulations that must be met, including obtaining a burial permit and ensuring that the property is zoned for cemetery use.

If you are considering burying a loved one on your property, it is essential to consult with a funeral director or attorney to ensure that all requirements are met and that the burial is handled in accordance with Massachusetts law.

Frequently Asked Questions

Can I bury my pet on my own property in Massachusetts?

Yes, you can bury your pet on your own property in Massachusetts, but you must follow local regulations and ensure that the burial site is at least 100 feet away from any neighboring property lines.

Do I need a burial permit to bury a loved one on my property?

Yes, you need a burial permit to bury a loved one on your property in Massachusetts, which can be obtained from the local board of health.

Can I create a family cemetery on my property?

Yes, you can create a family cemetery on your property in Massachusetts, but you must meet specific requirements, including obtaining a burial permit and ensuring that the property is zoned for cemetery use.

How many burials are allowed on private property in Massachusetts?

There is no specific limit on the number of burials allowed on private property in Massachusetts, but you must meet specific requirements and regulations, including obtaining a burial permit for each burial.

Do I need to notify my neighbors if I plan to bury a loved one on my property?

While it is not required by law, it is recommended that you notify your neighbors if you plan to bury a loved one on your property, as a courtesy and to avoid any potential disputes.

Can I sell my property if it has a family cemetery on it?

Yes, you can sell your property if it has a family cemetery on it, but you must disclose the existence of the cemetery to potential buyers and ensure that the sale is handled in accordance with Massachusetts law.