Churchyards and cemeteries throughout the centuries — praxis and legislation

Cemeteries belong to spaces where a clear-cut division between public and private property is debatable. In Norway today such sites are formally considered public spaces — free to access all year round and open for all citizens independent of economic status and social belonging. In a longer time perspective both accessibility and property rights related to cemeteries have changed fundamentally. This article examines the laws and regulations which have influenced the ownership rights to cemeteries based on a close-up examination of historic documents. Concerning the burial practice in Norway, a floating border exists between private–public spaces which has been apparent since far back in time. In essence, churches and cemeteries in Norway have alternated between being privately owned or owned by the public, but this has not been decisive for people's use of the cemetery. Until approximately 1900 these areas served two purposes: on one side, burial of dead people and, on the other, to serve as a place for socially conditioned activity. Today's use, as it is described through stories told by people at the two cemeteries in question, shows that for many users these sites are still perceived as a kind of in-between area of the private–public realm. In the future the management of urban cemeteries has to balance the different demands put on such sites. This includes upholding their character as memory sites as well as ensuring that they can accommodate the new requirements of an increasingly culturally diverse urban population.