When you’re searching for a dream property in New Hampshire, discovering an old cemetery on your potential new land might be an unexpected surprise. While this unique feature may not be for everyone, for some, it presents an opportunity to connect with history and take on the responsibility of preserving a piece of the past. In this blog post, I’ll share some insights on buying property with an old cemetery, including the legal duties and regulations governing burial plots in New Hampshire.

1. Understanding the Legal Framework:

New Hampshire has several laws that govern the maintenance, preservation, and access to old cemeteries. If you’re considering buying a property with a burial plot, it’s crucial to familiarize yourself with these statutes. Some key points to be aware of include:

a. Maintenance Responsibilities: Under RSA 289:3, the responsibility for the maintenance of a cemetery falls on the municipality in which it is located. This includes keeping the area in good condition, ensuring access, and preserving records. However, as a property owner, you may want to take an active role in caring for the cemetery out of respect for the site and its history.

b. Access Rights: RSA 289:2 guarantees public access to cemeteries, regardless of their location on private property. This means that you must allow reasonable access for visitors who wish to pay their respects or conduct historical research.

c. Preservation Efforts: RSA 227-C:1 establishes the New Hampshire Division of Historical Resources, which is responsible for preserving and protecting the state’s historical and archaeological resources. If the cemetery on your property has significant historical or cultural value, you may be eligible for financial assistance for preservation efforts.

2. Considerations Before Buying:

Before purchasing a property with an old cemetery, it’s essential to consider the potential implications:

a. Emotional Impact: Owning a property with a cemetery may evoke a range of emotions, from fascination to discomfort. Consider how you and your family will feel about living in such close proximity to a burial site.

b. Maintenance: While the municipality is responsible for maintaining the cemetery, you may still wish to contribute to the preservation efforts. Be prepared to invest time and resources in keeping the site in good condition.

c. Access and Privacy: As a property owner, you must grant public access to the cemetery. Consider how this might impact your privacy and if you’re comfortable with occasional visitors on your land.

3. Embracing the Opportunity:

If you decide to move forward with the purchase, owning a property with an old cemetery can be a unique and rewarding experience. You’ll have the opportunity to connect with the past and play a vital role in preserving history for future generations. By understanding and respecting the legal framework, you can ensure a harmonious coexistence between your home and the resting place of those who came before.

4. Research and Documentation:

If you decide to purchase a property with an old cemetery, it’s essential to dive deeper into the history and documentation related to the burial site. Understanding the cemetery’s past will help you appreciate its significance and guide your preservation efforts. Here are some steps to follow:

a. Property Records: Start by investigating property records and deeds to determine if the cemetery has been officially documented. This information may provide insight into the age, size, and significance of the cemetery.

b. Tombstone Inscriptions: Documenting the tombstone inscriptions can help you learn more about the individuals buried at the site. Additionally, it can provide a historical context for the cemetery and assist in genealogical research.

c. Local History: Connect with local historical societies, libraries, and genealogical organizations to gather information about the cemetery and its history. These resources can offer invaluable information on the lives of those interred at the site and the broader community.

d. Online Resources: Utilize online resources like Find A Grave, BillionGraves, and the USGenWeb Project to cross-reference your findings, share your discoveries, and connect with other researchers interested in the cemetery.

5. Engaging with the Community:

Owning a property with an old cemetery in New Hampshire offers an opportunity to engage with the local community, share the site’s history, and contribute to the collective understanding of the area’s heritage. Here are some ways you can foster connections:

a. Organize Tours: Consider offering guided tours of the cemetery to local schools, historical societies, and interested individuals. This can help raise awareness of the site’s significance and encourage the community to participate in its preservation.

b. Volunteer Opportunities: Collaborate with local organizations to host volunteer events focused on cemetery maintenance, restoration, and documentation. This can help strengthen community ties and ensure the burial site remains in good condition.

c. Educational Programs: Work with local schools and educational institutions to develop programs that teach students about the history and significance of the cemetery, as well as the importance of preservation.

Conclusion:

Owning a property with an old cemetery in New Hampshire can be a unique and enriching experience, providing a direct connection to the past and an opportunity to engage with the local community. By understanding the legal framework, conducting thorough research, and fostering community connections, you can become a responsible steward of history and contribute to the preservation of New Hampshire’s rich heritage for generations to come.