What happens when a cemetery is sold?

However, if the graveyard has been fully abandoned by everyone, including all the descendants of those buried there, and is not considered a historic grave site, the courts may grant the right for the owner of the property to sell or use the property for other things, like as a subdivision, without needing to remove …

What happens to a graveyard when a church is sold?

Unless the parish council buys it, it could be snapped up by a private individual and local people fear the building will be turned into a private home and the graves possibly moved and lost forever.

What does ownership of a grave mean?

When a grave is purchased, it refers to the purchasing of the Exclusive Right of Burial in a grave space and not the purchase of the land itself. This means that you do not own the land but have the right, during the period stated, to say who can be buried, or have cremated remains buried, in the grave space.

Are graveyards protected?

Most states have established rigorous laws that specifically apply to cemeteries. 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.

How long before a grave can be reopened?

Graves chosen for re-use must be at least 75 years old and notices are posted on the headstone and in advertisements for six months beforehand. If there is an objection, the grave will be left untouched.

Are graves permanent?

Generally speaking, when you purchase a cemetery plot, it does not expire, and it will always be yours. While the cemetery retains ownership of the land, you are purchasing the right to use the land for a burial.

Can you sell graveyards?

Yes, you can sell your burial but you need to check with your state’s comptroller about the transfer of plot regulations. The burial plot brokerages are unregulated in the US but some states require the deed holder to sell their plot back to the cemetery before selling privately.

Do they reuse graves?

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. In addition to retaining the rights to reclaim an unused plot, some cemeteries may choose to reclaim plots that have been used.

What are the rights of the owner of an abandoned cemetery?

If the owner allows the cemetery to remain in place, that owner generally has no duty to maintain the cemetery, other than any duty local proffer requirements and zoning ordinances might impose. If an owner wants to relocate an abandoned family cemetery on their property to an established cemetery, there are several steps the owner must take.

What happens if you build a house over a graveyard?

If someone were to, for instance, buy the property and build a house or houses over the graveyard, that would potentially infringe upon that right. However, the courts may decide that the relatives had previously abandoned the particular grave or may otherwise decide to grant a sale or repurposing of the land anyway.

What happens when a cemetery runs out of money?

However, if the perpetual care fund runs out or if there was never one to begin with, and if the cemetery is full-up with no further way to generate enough revenue to keep the business open, the cemetery may ultimately go bankrupt or otherwise be closed down or abandoned.

What happens when a burial plot runs out?

It’s very much like purchasing a lease. When the lease runs out, you’ll be sent a letter to ask whether you’d like to renew. If you decide not to, the person buried in the plot won’t be disturbed, but the headstone may be removed, and additional burials may take place in the plot (a little above, for example).