Can You Legally Be Buried In Your Garden

Would you bury your loved one in your garden? Devoted widow and widower BOTH did this week (but what happens when they move house?)

Patricia Waters did not want husband Eddie to be buried in a graveyard
So she hired undertakers to bury him in her back garden in Kidderminster
After Catholic priest failed to turn up widow, 81, conducted service herself

Published: 15:38 GMT, 12 December 2013 | Updated: 15:14 GMT, 13 December 2013

Two grieving spouses who wished to keep their loved ones close, have buried their late partners in their own gardens.

Patricia Waters, 81, wanted to provide her husband with a truly personal send-off and has had him buried in the back garden of their home - and even conducted the funeral service herself.

Phillip Topham, 56, buried his wife the front garden of their home in Colwick, Nottingham, when she died from oesophageal cancer after 18 years by his side.

Pious: Patricia Waters plans to turn the burial plot into a shrine for her late husband

Tribute: Phillip Topham has buried his late wife Catherin in the front garden of their Nottingham home

Patricia Waters decided that she did not want her husband Eddie laid to rest in an 'impersonal' cemetery, so she commissioned an undertaker to dig a plot round the back of their house in Kidderminster, Worcestershire.

Mrs Waters, a devout Catholic arranged for a priest to lead the ceremony - but when he was unble to attend, she carried out the service herself.

'I first saw something about home burials in a newspaper more than 20 years ago,' the 81-year-old said.

'Graveyards are so regimented and impersonal - so I thought wouldn't it be nice to be buried at home.

'Eddie and I were both interested in the idea. I'm just so glad we were able to do it. It is a great comfort for me knowing he is buried in the garden.'

Burial: Patricia Waters had her husband Eddie laid to rest in their back garden in Kidderminster

Couple: The pair were married in 1986 after meeting when they were both primary school teachers

WHAT YOU NEED TO KNOW BEFORE CONDUCTING A BURIAL AT HOME

Home burials are perfectly legal in Britain, under the terms of the Burial Laws Amendment of 1880.

As long as the bereaved party owns the freehold on the land containing the burial plot, it is not usually necessary to seek any sort of official permission from authorities.

However, there are some environmental restrictions governing home burials - for example, bodies must not be interred too near certain bodies of water.

In addition, corpses must be buried at least two feet below the soil.

Those considering home burials are advised to contact the police in advance, as Mrs Waters did, to avoid any suspicion of lawbreaking.

Estate agents claim that having a body buried on your property can reduce the value of the home by up to £50,000.

Mrs Waters, a former teacher, asked undertakers Edwin Harris and Sons to arrange the burial.

Chief executive Mark Bullivant said: 'The home burial for Mr Waters was very unusual because it is at the back of a resident house in the middle of Kidderminster.

'It is certainly the first time we have done a home burial of this kind, in such a residential area. Normally, it would be a remote house with acres of land, but Patricia's request was unique.'

'Once the legalities had been cleared with the council, it was relatively straightforward. We made sure the spot was appropriate, prepared the grave and the brought to coffin to the house the night before the burial.'

When the priest Mrs Waters had asked to attend the service fell ill and could not attend, she decided to step in and do it herself.

'With my experience as a schoolteacher, carrying out assemblies, I knew I would be able to carry out the service,' she said.

'We had about 15 people here and I had worked hard the night before to organise the traditional readings.'

Mr Bullivant said: 'We attended the service, which was conducted in the house by Mrs Waters. It was very moving and she is a very talented lady.

'We then carried the coffin out to the garden where the burial took place.'

Tribute: Mrs Waters thought that it would be too 'impersonal' to bury Eddie in a public graveyard

Devout: Mrs Waters, a Roman Catholic, conducted her husband's funeral service herself

Legal: The 81-year-old warned officials in advance that she was planning the unusual burial

Mr and Mrs Waters were married for 27 years after they met while teaching at a primary school in Kidderminster, where they occupied classrooms opposite each other.

While home burials are perfectly legal, local officials urged the widow to warn the police in advance so they would not suspect any wrongdoing.

In addition, Mrs Waters checked that her neighbours had no problem with the burial going ahead.

'Not many people know that home burials are allowed, but it is a lovely idea to keep a loved one close and I hope that Eddie's grave can become a religious shrine,' she said.

Tragic: Catherine Ann Hopper died of cancer just six weeks after marrying Mr Topham

Mr Topham, whose wife Catherine Ann Hooper died of cancer just six weeks after their wedding, also decided to bury his partner in the front garden of the home in Nottingham.

The couple, who had been together for 18 years before marrying, had lived in the house for 14 years.

When the pair married Ms Hooper was so ill she needed an oxygen mask to attend the ceremony.

She died in hospital on November 14, and last weekend Mr Topham laid her to rest in the garden.

Moving: The bereaved husband wanted a special way to remember his late wife

'Our home was our little castle, we loved it here, there are a lot of memories, it may not have suited everyone, but it suited us,' he said.

'She is my sweetheart and I want her close to me always. I don't want her in a field with a load of strangers.

'I don't want her away from me and I don't think she would want to ever be too far from home - our favourite place.

'We spoke about where she would like to be buried and she had no objections - it is a hard thing to talk about.'