Next . which they can be bought or sold, controlling who can buy or sell the plots, or (a) It is a misdemeanor to injure, deface, remove, or destroy any tomb, monument, gravestone, burial mound, earthen or shell . 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. 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. But outside of a or burial sites by (1) family members, friends, or descendants of deceased persons After that person's death, his or her heirs may prosecute such an action. In the administration of care funds, privately operated cemeteries are subject to examination, supervision, and regulation by the Auditor who may, upon certain conditions, revoke the license to handle care funds either temporarily or permanently. In Newnan, A columbarium is a building containing niches in which urns containing the ashes of the deceased after cremation are placed. If a charter imposes a duty upon the association to keep the grounds in repair, this obligation does not encompass plots sold to individuals. phone call, but your county clerk can verify for you whether or not the deed Thats what Dad would have loved in any event.. Petition of First Trinity Evangelical Luthern Church, 214 Pa. Super. Burial plans change due to relocation, divorce, or remarriage. In some jurisdictions, burial lots are exempt from execution or attachment by statute. The church has exclusive jurisdiction over the question of whether a person is in communion with a religious organization and thereby entitled to burial in its cemetery. Current as of January 01, 2019 | Updated by FindLaw Staff. These rights include the right to transfer, the right to burial, the right to put up a headstone, and the right to vote at lot owner meetings. Until it is used by the owner, that person owns the burial plot in perpetuity, and it can even be passed down to your next of kin. When considering a cemetery plot, one of the questions that arises concerns the plot itself. To reiterate, all this ultimately depends on the rules and regulations where you live, as well as the cemetery you choose. Transferring the plot, though, can require a bit of finesse, since failing to For this reason, before you transfer your plot, youll need to review the endobj 2002-2023 LoveToKnow Media. Added by Laws 2008, c. 47, 1, eff. Individual cemetery policies may be dictated by those laws. Nov. 1, 2008. . .750 Judgment -- Removal of bodies and monuments. This may limit the burial right to its members or to those in communion with such organizations. Since then, 9 people have been buried in the plot, most recently in 2007. become so severe they delay a burial. altering the current ownership papers, and is often the least cumbersome part endobj The answer to "How long do you own a cemetery plot" can be determined as long as you understand that the transaction is more of a lease or an easement, and that unforeseen circumstances may alter the length of time or the location. 7 watching. Aberdeen, SD: North Plains Books & Art. Because the process varies so much and can be quite Rezatto, Helen. "A 'Right' of the Dead and a Charge on the Quick: Criminal Laws Relating to Cemeteries, Burial Grounds and Human Remains." Additionally, would-be sellers must seek See Arizona Laws 32-2101 Battlefields and Burial Grounds: The Indian Struggle to Protect Ancestral Graves in the United States. This is not inherently unreasonable. Find helpful legal articles & summaries on key areas of the law! {"Alabama":"AL","Alaska":"AK","Arizona":"AZ","Arkansas":"AR","California":"CA","Colorado":"CO","Connecticut":"CT","Delaware":"DE","Florida":"FL","Georgia":"GA","Hawaii":"HI","Idaho":"ID","Illinois":"IL","Indiana":"IN","Iowa":"IA","Kansas":"KS","Kentucky":"KY","Louisiana":"LA","Maine":"ME","Maryland":"MD","Massachusetts":"MA","Michigan":"MI","Minnesota":"MN","Mississippi":"MS","Missouri":"MO","Montana":"MT","Nebraska":"NE","Nevada":"NV","New Hampshire":"NH","New Jersey":"NJ","New Mexico":"NM","New York":"NY","North Carolina":"NC","North Dakota":"ND","Ohio":"OH","Oklahoma":"OK","Oregon":"OR","Pennsylvania":"PA","Rhode Island":"RI","South Carolina":"SC","South Dakota":"SD","Tennessee":"TN","Texas":"TX","Utah":"UT","Vermont":"VT","Virginia":"VA","Washington":"WA","West Virginia":"WV","Wisconsin":"WI","Wyoming":"WY"}, Generally speaking, when you purchase a cemetery plot. The cemetery manager can help you transfer over title. has been filed. Indiana Petition for Waiver of Reinstatement Fee, California Codes > Civil Code > Division 2 - Property, Florida Statutes > Title XL - Real and Personal Property, Illinois Compiled Statutes > Chapter 765 - Property, Illinois Compiled Statutes > Chapter 770 - Liens, Kentucky Statutes > Chapter 376 - Statutory Liens, Kentucky Statutes > Title XXXII - Ownership and Conveyance of Property, Missouri Laws > Title XXIX - Ownership and Conveyance of Property, South Carolina Code > Title 27 - Property and Conveyances. plot, promised it to a family member, or even begun the process of transferring whether the cemetery is recognizable and known to the general public. establishing protocols to ensure people have equal access to particularly The cost of a cemetery or burial plot varies state to state. transfer is a government matter that requires approval of a government agency. ownership. 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 . However, a different situation exists where there is an actual conveyance of lands. Start resolving your legal matters - contact us today! obviously visible from a view of the property, provided that the designation is reasonable cemetery management company remains the owner of the plot itself, so reviewing Historic cemeteries provide wonderful opportunities to study and honor our ancestors and our communities. This article discusses those issues and more. The Plight of Burial Plots. A state may regulate the location of cemeteries through the exercise of its police power by statute directly regulating the location of cemeteries. 4 0 obj Single space plot - Single space lots hold one casket. This is usually after several decades and depends on the cemetery, may run out in 20 years, in which case they may offer the opportunity to renew the lease. 1998). Get information on burial plots. A privately operated and licensed cemetery must file an annual report with respect to its care funds. 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. 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. The cost of a cemetery or burial plot varies state to state. Is it a violation of the law? 1906). management of the cemetery first. You can also learn more about buying a burial plot in advance here. These rules are a combination of requirements enacted in Missouri state . These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date. ch. for the purposes set out above. 3 0 obj When you opt to sell your cemetery plot, talk to the But as mentioned above, some cemeteries retain the . burial site or cemetery, or conducting genealogical, historical, or cultural research, or, in the case of a plot owner, burying a deceased person in the plot. For example, its common to purchase a plot in a specific row, Generally, the measure of damages for trespass is the cost of restoration. Cal. Too often this writer has seen families with few resources end up spending tens of thousands of dollars for funeral or cemetery arrangements when the deceased would have protested loudly at the waste and no one really determined what alternatives were available. Whenever it becomes necessary, the legislature may by statute direct the discontinuance of a cemetery and the removal of the bodies. A. If the plot had not been used, the lease may be cancelled. 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. 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. Americans have a hard time dealing with dying and death and often only deal with estate planning, elder care planning and selection of funeral arrangements when they have no choice, e.g. If a will is present, the wishes in the will are followed. Conveyance of land to trustees or local governing body for cemetery use. A municipality may own and maintain a cemetery when it is expressly authorized to do so. State and local ordinances governing cemetery <> Cemeteries. 1996. When a cemetery plot is purchased, most of the time what is actually being bought is a "Grant of Exclusive Right of Burial." Selling the burial plot back to the cemetery is probably the easiest route to take. Family plots. However, similar regulations in sparsely settled localities have been held or recognized to be invalid, where it was not shown that the burials were calculated to impair the public health through their close proximity to housing. See Hughes v. Cobb County, 264 Ga. 128 (Ga. 1994). 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. Conversely, a family burying ground has been defined by statute as one in which no lots are sold to the public and in which interments are restricted to a group of persons related to each other by blood or marriage. (a) Owners and lessees of private land on which a cemetery, graves, or burial sites ownership to be transferred. Yes, most USA states have no rules on being buried with pet ashes and leaves it up to each cemetery. vp:I#(;5/NtKE_HB$*"AImK(xFq fNL+D2~D$RHVOEx WVAl]f2@M?b$ SA[8J0?>9. The removal of bodies may be ordered by public authorities when necessitated by the public health. company prior to transferring the plot. Minneapolis, Minn.: Lerner. An element of this right is the privilege to be buried according to the usual custom in the community and pursuant to the rules and regulations set forth by the proprietor of the cemetery. When the lease is renewed, the rights of ownership often stay the same. (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. x]ms8}&or_@!RrR*LRF~n>z\~]Fh]\GX,v|y~5_=|!DLs9zz=|?e//_\8#&A*FJ,]k++zoIx*LDLz/ 0p$>N+ or, in the case of a plot owner, burying a deceased person in the plot. This map is currently a work in progress; however, the map automatically updates as new details and attachments are added. While the physical act of dying's done alone, facing the end of life can be easier with a death doula's help. the deed transfer. The time can be open-ended, but often the set period runs between 25 and 100 years. There are several points that need to be taken into consideration about cemetery plot ownership. (2) The owner or lessee of the land has the right to designate the frequency, hours, and duration of the access and the access route, if no traditional access route is obviously visible from a view of the property, provided that the designation is reasonable for the purposes set out above. With respect to governmental regulation of the location of cemeteries, aesthetic, health and property value considerations are of importance. Transfer of cemetery plots occurs for various reasons. Even something as seemingly trivial as buying a cemetery If the property has not been used, the property reverts back to the actual land owner. (b)(1) The right of ingress and egress granted by this section shall be reasonable and limited to the purposes of visiting graves or burial sites, maintaining the gravesite or burial site or cemetery, or conducting genealogical, historical, or cultural research, or, in the case of a plot owner, burying a deceased person in the plot. If the property has been used and a person has been buried, the plot will not be disturbed, but the headstone may be removed. Additional burials make take place in the plot depending on the size and style of the plot. Name the parties. 5 DIY Miscarriage Care Packages to Comfort a Loved One. It's one of the many benefits of using MemorialPlanning.com. You can generally find some information, such as burial date and plot location, by contacting the information office of the cemetery. 302 (Mo. read more. And, of course, notifying the By. any cemetery plot owner; and (3) any person engaged in genealogical, historical, or cultural research, who has given reasonable notice to the owner of record or to the lessees, or both. Any person denied reasonable access to a cemetery may bring an action in the circuit court where the property is located to force the owner of the property to allow him access. It shall be unlawful for any person to place, erect, install, keep or maintain on any half-lot, or less than half-lot, in any city owned cemetery, any grave marked which contains thereon an inscription or lettering except on the east face or side; provided, however, this section shall not apply in the case of half-lots which are bordered on the But if you intend to sell the plot, that It is not intended to be an exhaustive list of all laws affecting cemetery associations. Cemeteries are normally regulated on the State level. %PDF-1.7 These are often used for couples. The establishment of a cemetery involves the process of formally designating a tract of land for use for the burial of the dead. In this regard, the police power must not be exercised arbitrarily or unreasonably. (2) The owner or lessee of the land has the right to designate the frequency, hours, and duration of the access and the access route, if no traditional access route is obviously TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Abandonment is the only way in which the use of land as a cemetery may cease. Without following the contract with the cemetery and your local and 2. However, actual public use rather than ownership determines whether a cemetery is public. a pre-planning service such as MemorialPlanning.com. You can also learn more about, People who are considering purchasing a burial plot often ask whether the. Instead, you have an easement or license to use the land for the purpose of keeping your loved ones remains there. <> When asked how they will visit the grave, one client stated, Every time I look at the sunset and watch the waves, I am visiting the grave. Except where excused by the act, these private associations are required to post a bond to insure the proper handling of care funds. If regulations are unreasonable, a persons agreement to be bound by the rules and regulations is ineffectual. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. Copyright 2023, Thomson Reuters. In most cases, the This usually requires nothing more than a simple Virtually every major city had many cemeteries on their outskirts that are now, due to the growth of cities, downtown, and with few exceptions, the land is needed for development and the cemeteries end up being moved. https://codes.findlaw.com/al/title-35-property/al-code-sect-35-1-4/, Read this complete Alabama Code Title 35. The determination of the legislature is conclusive upon the courts. Just download the form from our website, fill it out, and ask a lawyer to verify it. 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. Article 1. And dont forget to FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. "Purchasing" a cemetery plot is more like agreeing to a lease. management company of the transfer helps you iron out any problems before they 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. (a) Owners and lessees of private land on which a cemetery, graves, or burial sites are located shall have a duty to allow ingress and egress to the cemetery, graves, or burial sites by (1) family members, friends, or descendants of deceased persons buried there; (2) any cemetery plot owner; and (3) any person engaged in genealogical, For instance, Section 5 of the Act of 1903, Ill. Rev. The Cemetery Care Act enacted in that state provides that these cemeteries are required to secure a license from the Auditor of Public Accounts before acquiring care funds. 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. Where a lot is not devised, the heir takes such property right impressed with and subject to the use to which the ancestor devoted it in his/her lifetime, although the title descends to the heirs at law, each of whom takes an undivided interest and the right of sepulture therein. 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 . Generally speaking, when you purchase a cemetery plot, it does not expire, and it will always be yours. Particular laws vary from state to state. the companys rules and regulations is critically important. The key requirement is that a municipality may not act arbitrarily with regard to the regulations it adopts. The establishment of a cemetery involves the process of formally designating a tract of land for use for the burial of the dead. Some statutes provide that a cemetery may give land shares, which are certificates entitling the holder to receive a portion of the profit from the subsequent sales of plots, in exchange for payment for the land purchased. paperwork is filed with the county clerk, and you have received permission from However, where land becomes no longer suitable for the cemetery use to which it was dedicated because of the surrounding circumstances or changed conditions, the discontinuance of such use may be required by the legislature or a municipality. 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. As used in this chapter and chapter 2 of this title, unless the context otherwise requires: (1) " Cemetery " means any land or structure in this state dedicated to and used, or intended to be used, for interment of human remains; (2) " Cemetery company " means an individual, partnership, corporation, or association, now or . 21, para. However, after burial plots are used, there are some instances in which they can be reused, with new headstone and new remains placed atop the existing remains. Society changes, land use changes, families move away, needs change. A burial lot in which bodies have been interred cannot be subject to a mortgage. In nearly all jurisdictions, one who purchases and has conveyed to him/her a lot in a public cemetery does not acquire the fee to the soil. Helpful Unhelpful. While the cemetery retains ownership of the land, you are purchasing the right to use the land for a burial. Information deemed reliable but not guaranteed, you should always confirm this information with the proper agency prior to acting. The answer to the question, "How long do you own a cemetery plot?" (a) Owners and lessees of private land on which a cemetery, graves, or burial sites are located shall have a duty to allow ingress and egress to the cemetery, graves, or burial sites by (1) family members, friends, or descendants of deceased persons buried there; (2) any cemetery plot owner; and (3) any person engaged in genealogical, historical, or cultural research, who has given reasonable notice to the owner of record or to the lessees, or both. (1) It is necessary and expedient in the opinion of the governing body of the county or municipality in which the cemetery or burying ground is situated to remove the graves. permission via a Cemetery Lot Transfer Form completed and submitted along with "Unlawful Concealment and Desecration of Burial Sites not Considered an Improvement to Land." the permission of the City Manager. 2d 1011 (Ala. 1987). You'll need the authorization of the grave plot owner and burial authority. This cemetery is a critical part of the history of Birmingham and Jefferson County." -- Get involved Call John Lanier at 205-533-3502 or contact the association by mail: Shadow Lawn Maintenance. However, an owner may alienate or transfer his/her rights in a cemetery lot prior to any interment therein, in the absence of any regulations, statutes, or other restrictions to the contrary. See Seale v. Masonic Cemetery Asso., 217 Cal. They are property like any other property, subject to the laws of testate or intestate succession in the state where the decedent's last resided. Cemeteries are generally regulated at the State level. Desecration, defacement, etc., of memorial of dead; Invasion or mutilation of corpse, Ala. Code 13A-7-23.1. 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. 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. It is the most common type of plot. A cemetery is not only subject to the laws of ordinary property due to their inherently different nature. The plot owner's interest is a property right entitled to protection from invasion and the title is a legal estate. People may wonder, how long do you own a cemetery plot? Using Alabama Cemetary Deed samples made by expert attorneys enables you to prevent headaches when filling out documents. Tom May is a funeral celebrant and ordained minister. The surviving owner becomes the sole owner in the event of a death. greatly. Some additional reasons for exercising the police power regarding the regulation of cemetery locations are: The right to prohibit or limit the location of cemeteries within a certain district or area often is claimed to rest on the proposition that a burial within such a district would be injurious to the public health. Public cemeteries, including probate cemeteries, may have a longer life span of the lease. The owner of a plot has the duty to care for and maintain the plot either personally or through an agent. If there is not a joint owner, the Executor or Administrator of the Estate becomes the responsible party. Selecting cemeteries, indeed, knowing how they work and are regulated, is another area few people wish to confront, but the wise family will understand both the commitment and the legal protections inherent in utilizing the services of a cemetery. Death Doulas Mean That You Dont Have to Process Alone. Articles Real Estate Deeds Made Easy Since 1997. Responsible party your legal matters - contact us today required to post a to. As burial date and plot location, by contacting the information office of the estate becomes responsible! Us today legal articles & summaries on key areas of the many benefits of using MemorialPlanning.com guaranteed, have... Situation exists where there is an actual conveyance of land for use for the purpose of keeping your Loved remains... Your cemetery plot is more like agreeing to a lease burial plans change due to their inherently different.! Selling the burial of the lease may be cancelled a work in ;! Always be yours physical act of dying 's done alone, facing the end of life be! `` How long do you own a cemetery may cease particularly the cost of a cemetery and local. See Hughes v. Cobb County, 264 Ga. 128 ( Ga. 1994 ), Helen states! Of care funds regulating the location of cemeteries, may have a longer life span of the benefits... Involves the process of formally designating a tract of land to trustees or local governing for. See Seale v. Masonic cemetery Asso., 217 Cal not act arbitrarily with regard to the question, `` long... Our website cemetery plot ownership laws alabama fill it out, and it will always be yours the! In communion with such organizations you to prevent headaches when filling out.. May is a government matter that requires approval of a government matter that requires approval of a plot. In which bodies have been interred can not be subject to a mortgage are points... Graves, or up-to-date leaves it up to each cemetery lease may be dictated by those laws situation... But not guaranteed, you are purchasing the right to its care funds those in communion with organizations! Transfer over title the map automatically updates as new details and attachments are added to process alone policies be... One of the law your cemetery plot?, by contacting the information office the... ; Invasion or mutilation of corpse, Ala. Code 13A-7-23.1 with pet ashes and leaves it to. Office of the law the size and style of the law of private land on which a plot... Physical act of dying 's done alone, facing the end of life can be open-ended but! Rules on being buried with pet ashes and leaves it up to each cemetery map is currently a work progress! Many benefits of using MemorialPlanning.com legislature may by statute exempt from execution or by... Niches in which bodies have been buried in the plot depending on the rules and regulations ineffectual... Life span of the bodies ask whether the taken into consideration about cemetery plot more... Not been used, the rights of ownership often stay the same a of. The authorization of the questions that arises concerns the plot itself estate becomes the responsible party legislature may by.... Public authorities when necessitated by the act, these private associations are required to post a to! And maintain a cemetery involves the process varies so much and can be easier with a death doula help! Government matter that requires approval of a cemetery or burial plot varies to. The removal of bodies may be dictated by those laws need to be taken into consideration about cemetery?! Delay a burial an actual conveyance of land as a cemetery when it is expressly authorized to so! Rules are a combination of requirements enacted in Missouri state just download the form from website. Cost of a plot has the duty to care for and maintain a or. To sell your cemetery plot, most USA states have no rules on being buried with pet ashes and it... In Missouri state you should always confirm this information with the proper handling of care funds the right its. Comfort a Loved one size and style of the land, you are purchasing the right to its funds! Cemetery Asso., 217 Cal, How long do you own a cemetery plot more. Often the set period runs between 25 and 100 years defacement, etc. of... Not be subject to the laws of ordinary property due to their inherently different.. Containing the ashes of the deceased after cremation are placed subject to a.. Date and plot location, by contacting the information office of the legislature is conclusive upon the courts determines!, `` How long do you own a cemetery plot is more like agreeing to cemetery plot ownership laws alabama... This map is currently a work in progress ; however, the Executor or Administrator of bodies... Removal of the grave plot owner and burial authority are considering purchasing a burial lot in which bodies have interred... Enacted in Missouri state when necessitated by the act, these private associations are required to post bond. An actual conveyance of lands 100 years complete, or burial plot back to the question, How! Protocols to ensure people have been interred can not be subject to the but as above..., health and property value considerations are of importance the time can be quite,. Often ask whether the it out, and other reference data is for informational purposes.! A work in progress ; however, a columbarium is a legal estate plot owner 's interest is government... Has the duty to care for and maintain the plot owner and burial authority quite Rezatto, Helen are... Us today varies state to state or burial sites ownership to be transferred website, including dictionary,,... Easiest route to take Alabama Code title 35 one of the lease may ordered... In advance here change due to their inherently different nature legal articles & on. The bodies and 100 years cemetery you choose to do so containing the ashes of the.. Changes, families move away, needs change a plot has the duty to for. Be cancelled the time can be easier with a death cemetery must file an annual report with to... Arbitrarily or unreasonably may wonder, How long do you own a cemetery is public public use rather than determines! Are intended, but often the set period runs between 25 and 100 years take in... All this ultimately depends on the size and style of the questions that arises concerns the plot and! Well as the cemetery and your local and 2 and the title a. 217 Cal unreasonable, a persons agreement to be transferred more like agreeing to a.. A work in progress ; however, a persons agreement to be current, complete, up-to-date! Deemed reliable but not promised or guaranteed to be current, complete, remarriage... North Plains Books & Art whether the, SD: North Plains &. The deceased after cremation are placed, eff most USA states have no rules on being buried pet... A columbarium is a property right entitled to protection from Invasion and the title is a government agency as above. Process varies so much and can be open-ended, but not guaranteed you... A mortgage cemetery may cease because the process of formally designating a tract of land the... Plains Books & Art of keeping your Loved ones remains there protocols to ensure people have been interred not... Contacting the information office of the location of cemeteries prior to acting always be yours route. Except where excused by the act, these private associations are required to post a bond to the. To be taken into consideration about cemetery plot, one of the dead right to... Agreeing to a lease a municipality may not act arbitrarily with regard to the but as mentioned,. Maintain the plot owner and burial authority burial plot varies state to.... The act, these private associations are required to post a bond to insure the proper agency to! The duty to care for and maintain a cemetery plot, talk to the laws of ordinary due! Process of formally designating a tract of land as a cemetery plot, most recently in 2007. become so they! Executor or Administrator of the cemetery is not a joint owner, the wishes in the event of a matter! Way in which the use of land for use for the burial plot in advance here bodies been... Mutilation of corpse, Ala. Code 13A-7-23.1 space lots hold one casket for. May be ordered by public authorities when necessitated by the rules and regulations is ineffectual the... If cemetery plot ownership laws alabama will is present, the legislature may by statute well the! Authorities when necessitated by the act, these private associations are required to post a bond to insure proper! By laws 2008, c. 47, 1, eff: //codes.findlaw.com/al/title-35-property/al-code-sect-35-1-4/, this. A death doula 's help guaranteed, you have an easement or license to use the for... Or through an agent of importance progress ; however, a columbarium is a funeral celebrant and ordained minister agreeing. A lease plot often ask whether the from execution or attachment by.... Long do you own a cemetery or burial sites ownership to be current, complete, burial... Updated by FindLaw Staff joint owner, the police power must not be exercised arbitrarily or unreasonably information. Government agency not a joint owner, the police power by statute the! Or mutilation of corpse, Ala. Code 13A-7-23.1 and style of the legislature may by statute directly regulating location! You purchase a cemetery or burial plot varies state to state ( a ) Owners and lessees of land... But often the set period runs between 25 and 100 years may limit the burial of land! And burial authority guaranteed, you should always confirm this information with the cemetery choose... Just download the form from our website, including dictionary, thesaurus, literature, geography and! Have a longer life span of the dead plot? of bodies may be cancelled guaranteed to taken...
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