Complexities of Homeownership with a Cemetery

If there is a cemetery on your property in New Hampshire, you may need to comply with the following laws and regulations:

  • Access

    You must allow access to the cemetery for family members, cemetery plot owners, and people doing genealogy research. You can set the hours, frequency, and duration of access, as well as the route to the cemetery. 

  • Zoning

    New construction, excavation, or building near a burial site must comply with local zoning regulations. If there are no local regulations, the construction must be at least 25 feet away from the burial site. 

  • Burial on private property

    Burials on private property must comply with local zoning regulations. The location of any burial sites must be recorded in the deed. 

  • Historic cemeteries

    Cemeteries established before 1950 are considered historic and are important to the state's history, culture, and traditions. 

Buying property with a cemetery can have both positive and negative effects on housing values. Some buyers may be superstitious about graveyards, while others may appreciate the historical context.