Anything can go viral these days, and recently home burials on personal property became the topic everyone was talking about on TikTok. Unfortunately, the posts that people see are sometimes highly inaccurate.
We’re big supporters of natural burial, but doing so at a conservation cemetery may be a better option than burying a family member on private property. While keeping deceased loved ones close to home may seem like the best option, there are a lot of misconceptions that make it less beneficial than you may think.
Misconception: It’s Legal to Bury a Loved One on Your Personal Property
Truth: Just because you own a piece of property, that doesn’t mean you are allowed to bury a family member there. There are no federal laws about home burials, but every state and local jurisdiction will have their own regulations regarding burial on personal property. Many places have very similar regulations, especially within a state, but there are always going to be legal stipulations you have to be aware of first.
Often there aren’t laws prohibiting home burials on private property, but there are procedures that have to be followed to get approval and have the burial recorded. There are also code and zoning regulations regarding distance from property lines, water sources and roads that must be adhered to in order for the burial to be legal. Because of this, burials on private property may not be allowed in urban areas.
But even in rural areas on large properties the owner will probably need to establish a family cemetery in order for the burial to be legal. The land may also have to meet minimum size requirements to establish a family cemetery. The minimum size can range from being at least a quarter acre to being multiple acres.
Misconception: You No Longer Have to Pay Property Taxes
Truth: So you think establishing a family cemetery will make your property tax exempt? Think again. This is a misconception that has been perpetuated on TikTok of late, and it’s a lesson in why you can’t believe everything you see on social media.
It may be possible to get the portion of land that’s used as a family cemetery exempt from property taxes so long as you meet the regulations for the exemption. However, the rest of the property will still be taxable.
As far as property valuation goes, there’s something else to consider. If you try to sell the property after the burial, it must be disclosed to any potential buyers. There’s a very good chance that could end up negatively impacting the value and what buyers are willing to pay.
Misconception: Your Land Can Not Get Foreclosed On
Truth: Even properties that are owned outright without a mortgage can end up being foreclosed on if there is a lien against the property that the owner fails to pay. Your property can also be foreclosed on if you fail to pay your property taxes – which are still owed even if there’s a dedicated family cemetery.
Misconception: You’ll Save a Ton of Money on Burial Services
Truth: You don’t actually save much money outside of not needing to pay for a burial plot. In some areas this can save a significant amount and in other places not so much. Either way, you’ll still have to pay fees to the funeral home for services such as preparing the body for burial. In some areas, you won’t be able to dispose of a body on private property unless a funeral director is involved. And unless you also plan to dig the grave yourself, you’ll need to pay someone to handle that as well along with purchasing the casket.
Also, keep in mind there could be fees associated with getting approval for the home burial. For instance, if you have to establish a family cemetery to do so at minimum there will be filing fees that have to be paid.
One other cost consideration: in some areas the only way to bury on personal property is to cremate first. That’s right, you’ll have to pay for a cremation as well as the fees associated with the home burial. In these cases, direct cremation is the way to go since it is the most cost effective option and can be eco-friendly.
Misconception: The Body Can’t Be Moved If It’s Buried on Private Property
Truth: It may not be easy, but relocating a family cemetery is possible. As Talk Death points out, if a property is sold, the new owners could have the family cemetery moved and there isn’t much that you can do about it. Removal might even be a requirement by a buyer before they will purchase the property.
A Little Known Truth About Home Burial – The Property Owner Has to Create an Easement For Gravesite Visitations
Before you decide to get approval for home burial in Texas, there’s one other thing to consider. The law requires that the property owner create an easement that allows family members to visit the gravesite – forever.
And this isn’t a law that’s strictly in Texas. Many other states have similar laws that require the property owner to grant access to the grave in perpetuity. So putting a family cemetery on your property means that you are essentially giving up a piece of it so that family members can access the gravesite whenever they want.
If you want the facts about natural burial in Texas contact our team at Cremation.Green. Every day we help families arrange eco-friendly burials that may or may not be on personal property. We’re available to answer your questions 24 hours a day seven days a week and can help you locate a conservation cemetery or site for a green burial.