Family burial plots on a piece of real estate in Maine we list to market and sell.
Why someone would not bury a loved on in a public maintained cemetery could be because of the wishes of the deceased. They instructed the family members left behind to plant me out back on the knoll with the valley view. Or if cremated, scatter those ashes, my body remains around the woodlot, or near the brook that the dearly departed enjoyed so much when alive and kicking.
I grew up on a Maine farm and when my father passed away, his wishes were to be cremated.
The family took the remains and one by one took a handful of his ashes, said a few words and spread them by individual casting them.
My Mom with her Bible in one hand, finished the ritual and said a prayer from scripture she thought appropriate.
It was a touching, personal moment that all of us took comfort in knowing that my Dad, the kid's grandfather would have appreciated.
The farm has been in our family over 100 years. But property disclosure about spreading those ashes on a part of the farm by Moose Brook would be something told to any outside of the family buyer. All the ones inside the family circle know and many were there.
But the laws say what about spreading those ashes to ashes around the state of Maine. Like many situations, it is better not to broadcast what is done because somewhere there is legislation prohibiting it. Here is what the state Of Maine says about disposal and final resting burial place procedures for a body.
So before delving into the experiences with family plots on real estate we list and sell, what are the rules for handling remains? Is embalming the body necessary if cremation is not used for treatment of the deceased? This is what the state of Maine says.
"Embalming is a process in which blood is drained from the body and replaced with fluids that delay disintegration. Though it is still a common procedure, embalming is rarely necessary; refrigeration serves the same purpose.
In Maine, if a body will be shipped by common carrier -- such as an airplane or train -- it must either be embalmed or placed in a container designed “to prevent the escape of fluids or offensive odors."
Is a casket required for burial or cremation. Not according to the state Of Maine.
"A casket is often the single greatest expense incurred after a death. The cost of a casket can range from a simple $500 box to $20,000 or more for an elaborate design. Some people prefer to forgo a casket altogether.
Burial. No Maine state law requires a casket for burial. However, you should check with the cemetery; it may have rules requiring a certain type of container.
Cremation. No Maine state law requires a casket for cremation. On the contrary, federal law requires a funeral home or crematory to inform you that you may use an alternative container, and to make such containers available to you. An alternative container may be made of unfinished wood, pressed wood, fiberboard, or cardboard.
Do you have to buy the casket if there is one from the Maine funeral home? Nope.
"While Maine state law seems to require a casket seller to possess a funeral director’s license (see 32 M.R.S.A. §§ 1400(5) and 1501), federal law requires funeral homes to accept caskets that consumers have purchased from another source, such as an online retailer. You may also build your own casket, if you prefer."
Which leads to the question where can bodies be buried in Maine?
"Most bodies are buried in established Maine cemeteries, but burial on private property is possible in Maine. You may record a family burying ground of up to ¼ acre with the county registry of deeds and the town clerk.
For more information, see Maine Cemetery and Crematorium Regulations on the Maine Division of Environmental Health website.
What happens to the ashes if cremation are the wishes, what is selected by the deceased and family members?
How do you dispose of the ashes, what are the laws in Maine on that situation. When someone states in their will, makes it known while alive that when they are dead and cremated, toss my ashes into the sea, scatter them over Mount Katahdin or some other near and dear place to them.
The state of Maine weighs in with this response.
"Maine state law spells it out, stating cremated remains may be “deposited in a niche of a columbarium or a crypt of a mausoleum, buried or disposed of in any manner not contrary to law.” (13 M.R.S.A. § 1032.)
If you wish to scatter ashes, you have many options to consider and select.
Cremation renders ashes harmless, so there is no public health risk involved in scattering ashes. Use common sense and refrain from scattering ashes in places where they would be obvious to others.
Scattering ashes in an established scattering garden. Many cemeteries provide gardens for scattering ashes. If you’re interested, ask the cemetery for more information.
Scattering ashes on private land in Maine. You are allowed to scatter ashes on your own private property. If you want to scatter ashes on someone else’s private land, the Maine Division of Environmental Health recommends that you get permission from the landowner.
Scattering ashes on public land. You may wish to check both city and county regulations and zoning rules before scattering ashes on local public land, such as in a city park. However, many people simply proceed as they wish, letting their best judgment be their guide.
Scattering ashes on federal land. Officially, you should request permission before scattering ashes on federal land.
As with local or state land, however, you will probably encounter no resistance if you conduct the scattering ceremony quietly and keep the ashes well away from trails, roads, facilities, and waterways.
You can find guidelines for scattering ashes on the websites for some national parks. For more information, begin your search at the website of the National Park Service.
Scattering ashes at sea. The federal Clean Water Act requires that cremated remains be scattered at least three nautical miles from Maine land. If the container will not easily decompose, you must dispose of it separately. The EPA does not permit scattering at beaches or in wading pools by the sea. Finally, you must notify the EPA within 30 days of scattering ashes at sea.
The Clean Water Act also governs scattering in inland waters such as rivers or lakes. For inland water burial, you may be legally required to obtain a permit from the state agency that manages the waterway.
For more information, including the contact information for the EPA representative in Maine, see Burial of Human Remains at Sea on the EPA website.
Scattering ashes by air. While there are no state laws on the matter, federal aviation laws do prohibit dropping any objects that might cause harm to people or property. The U.S. government does not consider cremains to be hazardous material; all should be well so long as you remove the ashes from their container before scattering."
So back to the permission of the Maine land owner if the property say the deceased owned previously but sold. And wants to be returned to that plot spot where other family members may be resting in peace.
We had a real estate sale in Northern Maine's Aroostook County where the husband, a son were buried in an urn of ashes behind the home. And in the deed of conveyance when our real estate office listed and sold the Maine farm property, there was a clause in the deed allowing, providing for the wife to return upon her death, and to be placed on this same family burial spot.
The folks who bought the Maine property listing were fine with the clause.
Had no problem that there were past deceased family members on the property up back.
Not every buyer of real estate is as open minded or easy going on this future use of part of their property. Not sure if the bank mortgage loan provider would have an issue about it. Or the property insurance carrier.
Another listing of nearly 100 acres of Maine land in Southerm Aroostook County had one quarter acre designated as a family cemetery. That the new owner would keep fenced and watch over, allow more burial plots. But the family interned in the small quarter acre mandated lot were long gone. And future generations lost the knowledge of this plot spot that could be used for their final resting grounds internment.
Again the property buyer made aware in full disclosure of the real estate encroachment or easement that ran with the chain of title.
So if they did not like the sounds of that, we could find them another piece of Maine land to purchase. That property also had a big oil tank trailer that had set forever on the land in Maine.
And we did locate an outfit to remove it within requirements of the DEP even though nothing was buried for a fuel tank. But just to avoid later hearing about soil contamination because something leaked from the truck trailer now empty but that might have been partially or fully loaded with oil or some other material.
So there you have it.
An example or two of Maine real estate listings where the property has burial plots, a cemetery excepted and reserved and fully outlined in the deed of conveyance.
The one recorded in the registry of deeds for all to see if they examine the property title. Cemetery in the quarter acre sizes are scattered around the country landscape in Northern Maine. Not always clearly marked with a tombstone. Or in the typical rows and rows with lanes between and freshly cut grass like the bigger Maine cemeteries.
We visited one famous section of a Halifax Nova Scotia Canada cemetery called Fairlawn with Titanic wreck burial plots and tombstones that told the tale. There is a lot of history in the old cemeteries of any size in the state of Maine.
MOOERS REALTY 69 NORTH STREET HOULTON MAINE 04730 USA