ND, Dorset
Subject to certain formalities, there is no general prohibition of burial on private land. However, careful thought should always be given to this course. After a person dies, their body does not become the property of someone else. The deceased’s executors have a limited right to possession of it until it is properly disposed of (for example, by burial). After that, the body is ownerless and next-of-kin have no rights over it. You have no right to visit the grave without the executors’ permission as owners of the land.
There is no law requiring proper maintenance of a burial place on private land. But a new owner cannot disturb the grave: it is a criminal offence to disinter a body without authority. Permission must be obtained from the Home Office, which will first consider the wishes of the next-of-kin, and whether there is an existing land covenant protecting the grave.
A body in the garden can devalue a property. So, if you wish your sister’s grave to be moved, then apply for a Home Office licence and ask the executors to delay the sale (the property may fetch more if they wait). Or if you are happy to leave her there, you could persuade the executors to impose a covenant protecting the grave.
Advertisement
Desmond Kilcoyne is a barrister at 22 Old Buildings, Lincoln’s Inn, specialising in housing and property law