Is It Legal to Bury Someone on Your Property in Maine?

You want to create a family burial ground for your loved ones on your property in Maine, but is it legal to do so? The answer is yes, but there are a few things that the State of Maine requires you to do.

I had never seen a modern family cemetery until one was established at a home on the street I grew up on in South Paris. It's fenced off with a white picket fence, and has one headstone within. I think this is a great choice for people who want to keep the memory of their loved ones close.

According to Maine.gov, a family burial ground can be established on a person's property to bury family members, and no license is needed. However, the burial ground must be recorded with the property deed. If the burial ground is 1/4 of an acre or less, recorded in the registry of deeds, and the boundaries are marked or enclosed with a fence, it will be "except from attachment or execution," meaning no one can seize it to pay off debts you owe.

The part about recording the burial ground in the deed is there so that if the property is ever sold, the new owners will be aware of the burial site and its location. You'll also need to have your land surveyed so you know exactly what is yours and what isn't.

The tradition of having a family burial ground was much more common in the 1800s, when people owned a lot more land. That's the case with the Mitchel-Hatch Cemetery, which can be seen just three feet from the northbound lane on the Maine Turnpike in Kittery. It has been there since 1819.

So yes. If you would like to establish a family burial ground on your property in Maine, you can.