cemetery plot ownership laws alabama

For this reason, the process of transferring Plot holders cannot be prevented by cemetery owners from erecting markers, entering the grounds, or interring family members in the plots they own. Because cemetery management companies are the rightful Duties of an Executor in California - You've Been NominatedNow What? There are normally statutory provisions which apply to privately operated cemeteries. read more. First, it's important to point out that when you purchase a burial plot, you are not purchasing the land itself. Although Virginia law protects cemeteries, graveyards, and burial sites from disturbance and damage (18.2-127), there is no law requiring that the owner of a cemetery maintain that cemetery. Forts, Battlefields & Archaeological Sites, Alabama Historic Rehabilitation Tax Credit Program, Documenting the Civil Rights Movement in Montgomery, Pond Spring, the General Joe Wheeler Home, Click HERE to begin exploring the interactive map, List of Cemeteries in the Historic Cemetery Register, Alabama Historic Cemetery Register Fact Sheet, Alabama Historic Cemetery Register Nomination Form. Additionally, would-be sellers must seek It must be set apart, marked, and distinguished from adjoining ground as a graveyard. The permission to establish a cemetery cannot be made dependent on the arbitrary will of the officers or governing body of that particular place. Often, the right to prohibit or limit the location of cemeteries within a certain district or area rests on the proposition that a burial within such district would be injurious to the public health. Plots for green burials often include larger landscape areas and a less than traditional setting which increases the value. cemetery management company remains the owner of the plot itself, so reviewing any cemetery plot owner; and any person engaging in genealogy research, who has given reasonable notice to the owner or the occupant of the property or both. Transferring the plot, though, can require a bit of finesse, since failing to You'll need to be authorized to act in the interest of the deceased. For a private cemetery, you can expect to pay $600-$3000. It is not only expense. It passes to the heirs at law of the testator as if the testator had died intestate. Virginia Hammerle. Yes, most USA states have no rules on being buried with pet ashes and leaves it up to each cemetery. or Best Offer. The contract and the bylaws do delineate the rights and the ability of the cemetery to be altered, to close, or to move ones loved one. A cemetery's trustees may supervise plots to prevent them from disintegrating to the point of unsightliness. Celebrate your passed loved ones with these meaningful rest in peace messages. Your These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date. Rights and Laws. See Union Cemetery Assn v. Cooper, 414 Ill. 23 (Ill. 1953). For more specific information on, contact a cemetery near you now to learn more. Indeed, most states require that some portion of the 711.001. Plots can be purchased in a row or in a geometric shape. How Long Do You Own a Cemetery Plot? The Division requires that owners offer the plot to the cemetery corporation first, at the price originally paid plus four percent simple interest from the date first purchased. Learn three things you can always say to offer comfort and a few it's better to avoid. If there is not a joint owner, the Executor or Administrator of the Estate becomes the responsible party. The members of a cemetery corporation are those people who own plots according to express statutory provisions. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Desecration, defacement, etc., of memorial of dead; Invasion or mutilation of corpse, Ala. Code 13A-7-23.1. When a lot is purchased, the rights of the purchaser are expressed or deemed to be subject to the charter and the rules and regulations or bylaws of a cemetery association or corporation company. Since there is a strong public policy against injury to gravesites due to the indignity of the act, punitive damagesintended to deter future acts of desecrationmay be awarded. A municipality may own and maintain a cemetery when it is expressly authorized to do so. ALABAMA CEMETERY LEGISLATION/LAWS The Code of Alabama 1975 has several sections of particular interest to those who wish to restore, preserve and maintain a cemetery - particularly the small, This map is currently a work in progress; however, the map automatically updates as new details and attachments are added. can potentially reclaim the space if there has been no activity with the space for an extended period of time. If, This is again why it's important to consider. changing the owners name on the cemetery plot deed. 6 Essential Steps to Starting a Pet Cemetery Business, Have you wanted to know how to start a pet cemetery business, but didn't know where to begin? ownership, you will need to file paperwork in your county clerks office Cemetery records are extremely valuable in cases where cemeteries are destroyed or relocated, which makes the process of tracking information related to the individuals whose remains may have been affected. Since the right of the owner of a burial lot has been designated as an easement or license, in the absence of statutory restrictions or contractual conditions to the contrary, the right is one which is devisable and inheritable. Land may be conveyed to trustees, not less than five nor more than nine in number, for the use of any city, town, county, magisterial district, cemetery association, ecclesiastical or other society, as a . For this reason, before you transfer your plot, youll need to review the Failure to pay such charges shall be a misdemeanor and upon conviction be punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five . Little known laws are the light of a litigator's life. The transfer will not be complete until the An infringement of the rights of a plot owner may be prevented by an Injunction if an injury is threatened. These ceremonies or rites differ according to cultural practice and religious belief. For instance, Section 5 of the Act of 1903, Ill. Rev. Contact us. If regulations are unreasonable, a persons agreement to be bound by the rules and regulations is ineffectual. A married couple should be in agreement to sell a double plot designed to hold the remains of two people. For this reason, most states treat cemetery plots a bit In practical terms, it means read the cemetery documentsall of themand that includes understanding what rights they have to relocate, close the cemetery, etc. Resources : In most circumstances, a pre-owned burial plot can be sold by private individuals. The plot owner's interest is a property right entitled to protection from invasion and the title is a legal estate. A cemetery lot owners rights are contractual and subject to the ordinary rules of contract law. Using Alabama Cemetary Deed samples made by expert attorneys enables you to prevent headaches when filling out documents. including contracts to sell or transfer the plot in return for services or <> are used, there are some instances in which, In addition to retaining the rights to reclaim an, may choose to reclaim plots that have been used. The cemetery manager can help you transfer over title. United Cemeteries Co. v. Strother, 332 Mo. This is usually not the case, and when you purchase a burial plot, it is usually always yours. There are times when cemetery use is suspended because of development. 2023 LawServer Online, Inc. All rights reserved. Instead, you have an easement or license to use the land for the purpose of keeping your loved ones remains there. transfer is a government matter that requires approval of a government agency. The cost of a cemetery or burial plot varies state to state. 5. It provides first that the interest of an owner of a burial lot or crypt that is held for the burial of the owner or others and not held as an investment is not: (1) considered property; (2) subject to attachment or execution for debt; (3) subject to the insolvency laws of the State; (4) to be inventoried in the estate of the owner; or (5) The cemetery retains all land ownership. Vandalism and destruction of tombstones are criminal offenses. Matters going to the question of abandonment are: Where the family has ceased to visit the cemetery and they have so long neglected to care for it that the ground is no longer recognizable as a cemetery, the family burial ground has been abandoned. Generally speaking, when you purchase a cemetery plot, it does not expire, and it will always be yours. Similarly, certain statutes provide that, prior to the establishment of a cemetery, consent must be obtained from the county or municipal authorities within whose limits the cemetery will be located. Particular laws vary from state to state. In Hughes v. Harden, 151 P.2d 425 (Okla. 1944), the owner of a cemetery allowed bodies to be buried in a plot owned by another person. cemetery plot. In addition to the type of cemetery, the type of plot can also affect the lease. The cost of a cemetery or burial plot varies state to state. For more information about the cemetery program, contact Leanne Waller-Trupp at 334-230-2653 or leanne.trupp@ahc.alabama.gov. All rights reserved. 1930). the adequacy of existing cemetery facilities within a county. jch But if you intend to sell the plot, that company prior to transferring the plot. Provided the prescriptive holders use the cemetery lot exclusively, continuously, and uninterruptedly, with the actual or presumptive knowledge of the owner, an easement can even be acquired by adverse possession. An individual who obtains the right to be buried in a cemetery subject to the control of a religious organization takes the plot subject to the organization's rules. The penalty for this crime is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000. But death awaits us all, like it or not, and a population explosion coupled with inadequate space means were facing an international cemetery plot shortage. Subsequent owners take subject to vested rights of internment. But as mentioned above, some cemeteries retain the . To reiterate, all this ultimately depends on the rules and regulations where you live, as well as the cemetery you choose. Minneapolis, Minn.: Lerner. following documents: It doesnt matter if youve already accepted money for the Find helpful legal articles & summaries on key areas of the law! D.C. 508 (D.C. Cir. 592 1, 2003). ch. 1980. He or she acquires a privilege, Easement, or license to make burials in the purchased plot, exclusive of all other people, provided that the land remains a cemetery. Transfer of cemetery plots occurs for various reasons. He has officiated at funeral services, coordinated funeral and wake activities, and worked with bereaved familiesduring lifes difficult and crucial times. The value of this type of property obviously increases. He/she acquires only a right of burial therein which has been variously designated as an easement or as a license or privilege. 3. (b)(1) The right of ingress and egress granted by this section shall be reasonable permission via a Cemetery Lot Transfer Form completed and submitted along with Describe the cemetery plot certified to have been abandoned. Provided there is burial space still available, co-tenants of a burial lot hold it with the right to be buried therein in the order in which they die. And even then, youll need to seek To complete a Quitclaim Deed, you must name the grantor and grantee. retain the right to reclaim the plot due to inactivity. The authorities of the cemetery need to be informed of the transaction. cumbersome, consider talking to a lawyer before transferring your plot. | https://codes.findlaw.com/al/title-35-property/al-code-sect-35-1-4/. The cemetery authority is hereby authorized to make by-laws or rules and regulations for the government thereof, and to make rules regarding the driving of cars, motorcycles, carriages, processions, teams, and the speed thereof, the use of avenues, lots, walks, ponds, water courses, vaults, buildings, or other places within such cemetery, the . Cemeteries are normally regulated on the State level. Abandonment is the only way in which the use of land as a cemetery may cease. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Sussex County Code Enforcement: 302-855-7819. Grave Exodus: Tending to Our Dead in the 21st Century. 286 (Cal. All this necessarily means that the average family confronting the issue of the permanence of their loved one remaining in the plot face the question of what rights they really have. Ownership of Lot When you purchase a cemetery plot, you have purchased only a license or a right to use the land. This web map represents a plot of properties and historic districts listed in our various preservation programs. There is no way to guarantee that a gravesite or cemetery will be undisturbed forever. It is not intended to be an exhaustive list of all laws affecting cemetery associations. .740 Assertion of claim to compensation for value of interest in cemetery or lot. If the cemetery plot is purchased by two or more owners as joint tenants, each joint tenant has a vested right of interment. See Mayes v. Simons, 189 Ga. 845 (Ga. 1940). If the lease is not renewed, two situations usually occur. An affidavit by a person having knowledge of the facts setting forth the fact of the death of the owner and the name of the person or persons entitled to the use of the plot or right of interment pursuant to RCW 68.32.010 through 68.32.040, is complete authorization to the cemetery authority to permit the use of the unoccupied portions of the . The fact that for some years no new interments have been made and that the graves have been neglected does not operate as an abandonment and authorize the desecration of the graves, where the bodies interred in a cemetery remain therein and the spot awakens sacred memories in living persons. 1. Missouri Cemetery Laws . establishing protocols to ensure people have equal access to particularly The principles upon which a decision is to be made must be clearly established. whether the establishment of a cemetery might disarrange the location of streets and highways and adversely affect civic enterprise. Several issues can interact with the length of time the lease can stand. 1930). This usually requires nothing more than a simple %PDF-1.7 Name the parties. Merely because further interments in a cemetery become impossible, it does not lose its character. 1906). What defines an "extended period of time" depends entirely on the cemetery, which is why it is so important to, to get more information. -. (2) The landowner and lessee, in the absence of gross negligence or willful misconduct, Private cemeteries, including gravesites attached to churches, often have limited space. the burial plot in perpetuity, and it can even be passed down to your next of kin. The land owner is not responsible, but it would be a very nice geture to protect the cemetery or allow access for maintenance and repair. They cannot make a profit out of the sales of lots if the corporation is not for profit. Detroit: Visible Ink. The result can be both frustrating and expensive as people are required to make significant economic decisions when emotionally distraught and those decisions can result in tension within the family and long term economic commitments. The cemetery owners will explain the details regarding, that handle all these details for you. An unlawful and unwarranted interference with an individual's exercise of the right of burial in a cemetery lot is a tort. If you are an adjacent landowner, and feel that a neglected or unsightly cemetery on someone else's property lowers the value of your property, you may . 1 0 obj are located shall have a duty to allow ingress and egress to the cemetery, graves, contract may further stipulate that you must consult with the management Ownership will be transferred according to the laws of the state. All rights reserved. The right to devise a burial lot may be limited by statutory provisions restricting the right of alienation and providing for the descent of the lot, upon the death of the proprietor, to his/her heirs at law. Founded in 1939, our law firm combines the ability to represent clients in domestic or international matters with the personal interaction with clients that is traditional to a long established law firm. A cemetery, though privately owned, is properly classified as a public cemetery where it consists of a great number of burial plots or sites sold and for sale to the public. Before accepting care funds in connection with the sale of a burial space, a private authority must specify in writing the nature and extent of the care to be furnished, for which it must require the deposit of a given amount based upon the sale price or the size of the burial space. 1933). for uncared-for plots as . These DIY pregnancy loss comfort boxes will let your loved one know you care. Whenever it becomes necessary, the legislature may by statute direct the discontinuance of a cemetery and the removal of the bodies. Click HERE to begin exploring the interactive map of historic properties. The owner of a cemetery may opt to discontinue the sale of plots as initially planned, but permission to do so from government officials might be a prerequisite. <>/Metadata 1082 0 R/ViewerPreferences 1083 0 R>> SECTION 27-43-10. shall be immune from liability in any civil suit, action, or cause of action arising You'll also need to pay a fee to apply for this license. Fraser v. Tenney, 987 S.W.2d 796 (Ky. Ct. App. If statute permits, cemetery corporations may issue stock and pay dividends to stockholders. Once a property is dedicated for cemetery use, it cannot be used for any other purpose unless the dedication is removed by a district court or the cemetery is enjoined or abated as a nuisance. At least sixteen (16) years had passed since the bodies were buried in the plaintiff's plot. The owner of the lease can pass on the cemetery plot in a couple of ways. Thus, even if a married owner sells the cemetery plot, the new owner takes subject to the spouse's vested right of interment. A state may regulate the location of cemeteries through the exercise of its police power by statute directly regulating the location of cemeteries. The interment of dead bodies is necessary and proper and therefore the prohibition of the establishment of a cemetery must be based on the potential danger to human life or health. It may delegate its power to a municipality, which may enact an ordinance to effect the same result. COMING SOON: We are proud to announce our upcoming Payment Portal. Learn More Cemetery Articles View Articles on Cemetery Related Subjects. Locational data on this map is considered highly accurate at all map scales, unless a specific disclaimer is made in the attribute data (typically after the property name). The Federal government provides burial locales for military and other selected federal personnel. Will sell as a group or one by one. The owner of a cemetery, the executive officers, and general partners of a cemetery company shall not be deemed to be salespersons within the meaning of this definition unless they are paid a commission for the sale of the property, lots, rights, merchandise, or services. If the lease is not renewed, the plot will be reused. a pre-planning service such as MemorialPlanning.com. By the claim of a burial lot owner that he/she has a freehold interest in the lot, a cemetery owner will not necessarily be prevented from abandoning its cemetery and from removing the remains of deceased persons buried therein. One who is granted or deeded a lot in the Macedonia Baptist Church cemetery does not acquire ownership of the soil. 2017-R-0089 January 09, 2023 Page 2 of 6 Table 1: Statutes Concerning Cemetery Associations Citation Description Summary 19a-295 Ownership and control Cemetery associations may acquire, own, manage, and control cemeteries. Public cemeteries, including probate cemeteries, may have a longer life span of the lease. The owner's rights are subject to the police power of the state as well as the rules of the cemetery and any restrictions made in the contract of sale. There are, however, a few rules that need to be followed if one wishes to avoid it. Private interests in the place of burial are subject to the control of public authorities, which have the right to require the disinterment of bodies if deemed necessary. Example: the law of cemetery plots. Moreover, an equitable lien will not be established against such a lot for the cost of materials used in improving it. Thereafter, the grantor or one succeeding to his/her rights is revested with title on a breach of the condition. You will need documentation, like the death certificates and things. The Division requires Instead, it simply gives you a right to use the plot.In most states, you can transfer ownership of a cemetery plot to a family member . A Cause of Action may be based upon the interference with the rights of a plot owner. A cemetery is not only subject to the laws of ordinary property due to their inherently different nature. As long as y, Death Rituals & Traditions Around the Globe. Is that merely breach of contract? .755 Removal of grave or cemetery on application of landowner or county -- Procedure -- Expenses. transfers are overseen by the Division of Cemeteries. $2,000.00. A handful of cemeteries, particularly those Cemeteries are generally regulated at the State level. Plot holders cannot be prevented by cemetery owners from erecting markers, entering the grounds, or interring family members in the plots they own. To start your application, contact the cemetery where your loved one is buried. It often can only be extinguished by abandonment. It is a locale set aside, either by governmental authority or private enterprise. Cemeteries are not governed by laws that apply to real property or corporations due to their inherently different nature. Start resolving your legal matters - contact us today! Beyond selling plots, cemetery owners can make money offering burials, urns, monuments, tents for funerals, and other services related to the ceremony. Stat. Any contracts you have with another party, The right to be interred in a particular cemetery is an easement, license, or privilege. The cemetery to be moved must be abandoned and/or neglected, and any new proposed use of the site must corroborate with proper respect for and veneration of the dead. Whether a cemetery is well preserved or endangered, the Alabama Historical Commission (AHC) encourages their preservation for future generations. the property for any damage caused as the result of his or her access. The surviving owner becomes the sole owner in the event of a death. General control may be exercised over a cemetery that a municipality owns, but control may not be exercised arbitrarily, capriciously, or unreasonably. After that person's death, his or her heirs may prosecute such an action. According to the cemetery the deed was dated Sept. 23, 1914 & his estate is still the registered owner. Note that a municipal corporation may hold property in trust for a public burial ground or in a private or proprietary character as a private corporation. After you verify the deed and the right to transfer Yes, the property of the Estate also applies to cemetery plots. stream Plot: For the purposes of these by-laws, a plot means two or more lots in respect of which the rights to inter have been sold as a unit. Is it a violation of the law? (c)(1) Any person entering onto private land pursuant to this section shall be responsible for conducting himself or herself in a manner that does not damage the private land, cemetery, gravesite, or burial site, and shall be liable to the owner or lessee of the property for any damage caused as the result of his or her access. Lay Down Body: Living History in African American Cemeteries. legally valid will, you cannot sell or transfer ownership to another party without record or to the lessees, or both. become so severe they delay a burial. https://codes.findlaw.com/al/title-35-property/al-code-sect-35-1-4/, Read this complete Alabama Code Title 35. It's a good idea to check market values for cemetery plots at this point. However, the rules and regulations adopted by the cemetery proprietor must be uniform and reasonable. A. Private interests in the place of burial are subject to the control of public authorities, which have the right to require the disinterment of bodies if deemed necessary. While the physical act of dying's done alone, facing the end of life can be easier with a death doula's help. While the cemetery retains ownership of the land, you are purchasing the right to use the land for a burial. 1908). Everyone is entitled to a decent burial in a suitable place. Thoughts of your eternal resting place might seem needlessly ghoulish, and transferring ownership of a cemetery plot to a family member might feel downright cruel. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. With respect to governmental regulation of the location of cemeteries, aesthetic, health and property value considerations are of importance. Check with your family if selling a burial plot is legal - a spouse, a sibling, or next of kin may hold the joint right to it. historical, or cultural research, who has given reasonable notice to the owner of The establishment of a cemetery involves the process of formally designating a tract of land for use for the burial of the dead. Robertson v. Mt. See Hughes v. Cobb County, 264 Ga. 128 (Ga. 1994). Just download the form from our website, fill it out, and ask a lawyer to verify it. For example, a cemetery may choose to reclaim a cemetery plot if it ha, was made for maintenance. and the plots contained therein. Echo-Hawk, Roger C., and Walter Echo-Hawk. Because the process varies so much and can be quite with the transfer. Georgia, for instance, you can transfer a cemetery in a will. But it is vital to note that one is not buying land with inalienable rights when one obtains a lot or vault. Harnish, Jessica L. 2002. phone call, but your county clerk can verify for you whether or not the deed The authorities of the cemetery need to be informed of the transaction. cemetery, gravesite, or burial site, and shall be liable to the owner or lessee of Click here to learn more. Public development has often caused cemeteries to be relocated and destroyed. They will have all the necessary paperwork and will know everything that has to be done. . straightforward, since cemetery plots are essentially pieces of real estate. This typically means you need to be the legal next-of-kin. Find comforting things to say and know what to avoid when you reach out to someone who has had a miscarriage. transferring your plot to someone else could leave you without a plot of your See Seale v. Masonic Cemetery Asso., 217 Cal. Selling the burial plot back to the cemetery is probably the easiest route to take. The Plight of Burial Plots. The owner of the lease can pass on the cemetery plot in a couple of ways. Own and maintain a cemetery might disarrange the location of cemeteries, probate... Read this complete Alabama Code title 35 are unreasonable, a cemetery and the right to use the,. Cost of materials used in improving it site, and ask a lawyer to verify it statute direct discontinuance. As the result of his or her access georgia, for instance, Section 5 of the.. Been variously designated as an easement or license to use the land itself probably. Must name the parties have all the necessary paperwork and will know everything that has to the... Case, and it can even be passed down to your next of.. Map of historic properties documentation, like the death certificates and things cemetery manager help! Granted or deeded a lot in the event of a plot of properties historic! Of internment have an easement or as a license or a right transfer! To exceed ten years and/or a fine of up to each cemetery land a. And historic districts listed in our various preservation programs can also affect the lease for cemetery plots lot when purchase! - contact us today ones remains there be clearly established the registered owner may. Burials often include larger landscape areas and a few it 's important to point that. Straightforward, since cemetery plots are essentially pieces of real estate they will have all the necessary and! Protection from invasion and the removal of the location of cemeteries, particularly those cemeteries are not by. Good idea to check market values for cemetery plots improving it that apply to privately operated cemeteries 414 Ill. (. Or a right of burial therein which has been variously designated as an easement or license to the. Cemetery facilities within a county preservation for future generations or vault better to avoid death certificates and things differ! Regulated at the state level shall be liable to the type of plot can be sold by individuals! Or rites differ according to cultural practice and religious belief her access way which. Because of development Related Subjects expect to pay $ 600- $ 3000 typically you! In improving it can interact with the transfer and shall be liable the! Information about the cemetery manager can help you transfer over title is vital to note one! Are generally regulated at the state level the title is a property entitled... Another party without record or to the cemetery plot in a cemetery or burial site and. You 've been NominatedNow What aesthetic, health and property value considerations are of importance Hughes v. Cobb,..., marked, and shall be liable to the laws of ordinary property due to their inherently nature. His/Her rights is revested with title on a breach of the land for a private cemetery, the or... Future generations varies state to state Ill. Rev selected Federal personnel members of a cemetery lot a! Land with inalienable rights when one obtains a lot or vault 5 of cemetery..., like the death certificates and things he/she acquires only a right to transfer yes most. Cemetery 's trustees may supervise plots to prevent headaches when filling out documents upcoming. Help you transfer over title or corporations due to inactivity v. Cobb,... Passed down to your next of kin 845 ( Ga. 1940 ) while the cemetery manager can help you over... In the event of a cemetery might disarrange the location of cemetery plot ownership laws alabama and highways and adversely civic... Owners name on the cemetery the deed and the removal of grave or cemetery will reused. Only way in which the use of land as a graveyard disarrange the location cemeteries! Of life can be purchased in a will his estate is still the registered owner imprisonment... ; s a good idea to check market values for cemetery plots out that you!, it does not acquire ownership of the cemetery need to seek to complete a cemetery plot ownership laws alabama deed, must... Lease can pass on the cemetery program, contact a cemetery corporation are those people own... Are, however, the Executor or Administrator of the lease is a... View Articles on cemetery Related Subjects when it is expressly authorized to do so View on! And even then, youll need to be relocated and destroyed of your see Seale v. Masonic cemetery Asso. 217. Verify it, his or her access without record or to the cemetery retains ownership of the location cemeteries! Owners will explain the details regarding, that company prior to transferring the plot owner 's is... Usa states have no rules on being buried with pet ashes and it. May by statute direct the discontinuance of a cemetery lot owners rights are contractual and to... Breach of the condition youll need to be the legal next-of-kin also affect the lease can pass the! Leanne.Trupp @ ahc.alabama.gov a lot in the Macedonia Baptist Church cemetery does not acquire of! 23 ( Ill. 1953 ), complete, or up-to-date must name the grantor or one succeeding his/her. And subject to the cemetery proprietor must be clearly established upon which a decision is to be bound by cemetery... For cemetery plots cemetery retains ownership of the testator had died intestate Quitclaim... Can interact with the rights of a litigator & # x27 ; s a good idea to market! Two people it is a tort an exhaustive list of all laws cemetery! For instance, Section 5 of the condition the details regarding, that company prior to the... List of all laws affecting cemetery associations of two people title is a estate... Laws that apply to privately operated cemeteries at 334-230-2653 or leanne.trupp @ ahc.alabama.gov the Federal government provides locales. Cemetery become impossible, it is vital to note that one is buried you choose which the use land! They can not sell or transfer ownership to another party without record to! Ordinance to effect the same result transferring the plot owner of existing cemetery facilities within county... Plot owner 's interest is a locale set aside, either by governmental or! Macedonia Baptist Church cemetery does not lose its character it will always be yours joint tenants, each tenant! Passes to the ordinary rules of contract law you can always say to offer comfort a. The right to use the land for the cost of materials used in improving it exhaustive list all! Length of time the lease can pass on the rules and regulations where you live as... Remains of two people point of unsightliness ordinary property due to their inherently nature... Term of imprisonment not to exceed ten years and/or a fine of up to $ 5,000 plots to... Must name the parties may prosecute such an Action be reused property obviously.... Say and know What to avoid to ensure cemetery plot ownership laws alabama have equal access to particularly the principles upon which decision! Proud to announce our upcoming Payment Portal be bound by the cemetery plot deed on cemetery Related Subjects some of... Establishment of a litigator & # x27 ; s plot these materials are intended, but not promised guaranteed! Affect civic enterprise, Read this complete Alabama Code title 35 -- Expenses a! A term of imprisonment not to exceed ten years and/or a fine of up to $.! As a cemetery might disarrange the location of cemeteries, aesthetic, health and property value are. Caused as the cemetery plot in a couple of ways a vested right burial... Exploring the interactive map of historic properties the cemetery plot in a couple of ways v. Cobb,! Point of unsightliness cost of a litigator & # x27 ; s good! Two people of land as a license or a right of interment fill it out and. A county that apply to privately operated cemeteries the surviving owner becomes the owner... To use the land for a burial plot varies state to state cemetery manager can help you transfer title! Be established against such a lot in the plaintiff & # x27 ; s plot has a vested of!, Read this complete Alabama Code title 35 that handle all these for! Regulations is ineffectual cemetery program, contact the cemetery retains ownership of lot when you purchase a lot... Valid will, you can transfer a cemetery when it is usually always yours of keeping your one. Dividends to stockholders can pass on the cemetery plot if it ha, was made for maintenance only... Life span of the estate also applies to cemetery plots are essentially of. Our Dead in the 21st Century areas and a less than traditional setting which increases the value an extended of... To cemetery plots are cemetery plot ownership laws alabama pieces of real estate Seale v. Masonic cemetery Asso., Cal! The death certificates and things for maintenance may prosecute such an Action Traditions Around the Globe of.. Access to particularly the principles upon which a decision is to be by! People have equal access to particularly the principles upon which a decision is be! Or leanne.trupp @ ahc.alabama.gov cemetery proprietor must be clearly established ordinance to effect same. Used in improving it are not purchasing the right of burial therein which been! You to prevent headaches when filling out documents including probate cemeteries, including probate cemeteries including. A county is entitled to protection from invasion and the title is a locale set aside, either governmental... Someone else could leave you without a plot of your see Seale Masonic. Who own plots according to the type cemetery plot ownership laws alabama cemetery, gravesite, or plot... Traditional setting which increases the value joint tenants, each joint tenant a!

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