Have you ever seen an old, small, and seemingly random cemetery while driving through Kentucky? For most Kentuckians, the answer is yes. They are a staple of rural Kentucky. However, few people realize these constitute their own type of cemetery, known as family cemeteries.
Family cemeteries are exactly what they sound like. They are burial grounds specifically created for members of the same family or household. Family cemeteries are created on private land, such as a family farm. In the 19th and 20th centuries, it wasn’t uncommon to bury family members on the same land they grew up, worked, and passed away on. It was a way for multiple generations to maintain their connection to deceased relatives and the land they lived on. Although family cemeteries can be found anywhere, they are most common in rural areas.
Visually, family cemeteries may not differ a whole lot from any other cemetery. Despite there being few physical differences, family cemeteries have different laws and regulations associated with them. By law, the family and its descendants are responsible for maintenance, upkeep, and overall preservation. This is in contrast to the perpetual care offered by most other cemeteries.
The process for establishing a family cemetery has also changed over time. Due to zoning laws and other restrictions, is it important to do your due diligence and seek approval. While no states have outlawed home burials, varying local and state ordinances make the process challenging. This is partially due to changes in the physical landscape over time, making it difficult to avoid damaging gas lines, water lines, electrical cables, or septic systems. Individuals looking to create a family cemetery would be wise to research local laws and guidelines or consult with an attorney beforehand.
There are a few ways for landowners to find out whether their property contains a family cemetery. The Kentucky Historical Society has a database of cemeteries, including family cemeteries. Property owners may also request a land survey. Why should property owners care if their land contains a family cemetery? First, family cemeteries may not be disturbed or built over by landowners. This doesn’t come as a surprise, but it can cause a headache for anyone buying land to develop. Family members of the deceased also receive continued access and visitation rights to the cemetery, regardless of who owns the property. A private landowner may set regulations, such as visitation hours, but access cannot be outright denied without valid reason. These are all things to considered for anyone looking to purchase land.
Familiarizing oneself with family cemeteries and the laws associated with them is crucial for anyone looking to purchase land in Kentucky. Family cemeteries are part of the landscape in the Bluegrass State. They represent generations of Kentuckians and a special connection to the land they called home. Next time you drive by a small cemetery in the Kentucky countryside, you can look at it with a new understanding.
