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Perpetual care is a fund put together to help maintain cemetery grounds, graves, crypts, mausoleums, etc. Families of people buried in the cemetery grounds contribute towards these funds to ensure the place is clean, well-maintained, and secure.
Massachustts state law does not require the use of a grave liner or vault. A cemetery's Board of Directors or a city or town's Cemetery Commission develop their own rules and regulations about the kind of burial that is allowed in their cemetery.
As a law, a burial can happen on a private property. I have sought legal opinion for further clarity on this. Narayan, on the other hand, disputes their claims. Nobody can bury a body in a residential area, private property or not, the law does not permit it, he says.
The reuse of graves is far from a modern phenomenon, caused by exponential population growth and overcrowding in towns and cities. Reusing the same place for burials is a tradition that has been repeated time and again in different cultures across the world, for thousands of years.
Although most burials take place in purpose-built cemeteries or churchyards, there is no law against burial on private land. The decision does need to be thought through carefully and there are a number of considerations. What about access to visit the grave should the property be sold in the future?
"It's mandated that whenever a burial takes place, a portion of that payment is put into an endowment care trust." Once a cemetery is filled, the endowment care trust is designed to handle maintenance of the grounds indefinitely. The mandate was put in place in 1955. Before then, setting funds aside was optional.
But as mentioned above, some cemeteries retain the right to reclaim the plot due to inactivity. However, after burial plots are used, there are some instances in which they can be reused, with new headstone and new remains placed atop the existing remains.
South Carolina law requires the top of each burial container to be at least 10 inches below the surface of the ground.
Where can bodies be buried in Massachusetts? Most bodies are buried in established cemeteries, but burial on private property may be possible in Massachusetts. Before conducting a home burial or establishing a family cemetery, check with the town board of health for any local laws you must follow.
When asked if you can bury someone in your garden, the truth is that as long as certain guidelines are followed (mainly to avoid potential public health risks) there is no law what-so-ever against being buried in your own garden, or on any private land given the permission of the landowner.