Chandler, AZ asked in Land Use & Zoning, Real Estate Law and Tax Law for Arizona

Q: If you have buried your love one in your yard do you have rights to claim your property as a cemitary?

I have heard that you have additional rights to property protections (such as not having to pay property tax and your property, etc) if your loved ones are part of your property.

2 Lawyer Answers

A: In most states—possibly all—property used EXCLUSIVELY for the burial of human remains is exempt from taxation. There is also automatically a public access easement so anyone can visit the site.

James L. Arrasmith
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  • Tax Law Lawyer
  • Sacramento, CA

A: In the United States, the laws regarding burying loved ones on private property vary by state and locality. While some areas may permit private family cemeteries on your property, there are usually regulations and requirements in place, such as size restrictions, permits, and record-keeping. These do not typically exempt you from property taxes, and it's crucial to consult local regulations and possibly legal counsel to understand your specific rights and responsibilities in your area.

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