Cemetery Plot Ownership Laws In Bronx

State:
Multi-State
County:
Bronx
Control #:
US-000297
Format:
Word; 
Rich Text
Instant download

Description

The document is a petition to set aside a conveyance related to cemetery plot ownership laws in Bronx. It outlines the plaintiffs' interest in a perpetual care cemetery, detailing the involvement of multiple defendants, including corporations and individual citizens. Key features include a clear identification of parties, a description of the property in question, and specific reasons for requesting the court to invalidate prior conveyances deemed improper. The form instructs plaintiffs to attach necessary exhibits, such as deeds, to support their claims. For attorneys, paralegals, and legal assistants, this form serves as a foundational document for initiating legal action regarding cemetery plots and ensuring compliance with local laws. It emphasizes the preservation of perpetual care cemeteries, positing that any previous individual conveyances are legally void. Owners and partners involved in cemetery management can utilize this petition to protect property rights and rectify title issues effectively, thereby securing proper care and maintenance of burial sites.
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FAQ

All but 13 states have no laws forbidding home burials - 8 states allow home burials but require the use of a licensed funeral director for at least part of the burial process, and 5 states require that bodies be buried in an established cemetery.

While some communities may have local regulations on this matter, there are no state regulations concerning burial on private property.

Cemetery property is owned by the cemetery corporation. The real property is not sold. The lot “owner” receives three privileges: the right of burial, the right to memorialize (i.e., to place a marker or headstone) and the right to vote at lot owner meetings.

State law prohibits anyone other than a cemetery employee from selling lots. So, the lot owner may not sell or transfer a lot to anyone unless certain conditions are met: — First, the lot must be inalienable. That simply means that no bodies or cremated remains may already occupy the lot.

On , the New York State Legislature passed a new law, the “Unmarked Burial Site Protection Act,” that for the first time regulates Native American remains and funerary-related artifacts found on private land.

How to Transfer Ownership of a Burial Plot Step 1 – Get the Deed From the Cemetery. Step 2 – Review the State and Local Laws. Step 3 – Prove You Are the Current Owner. Step 4 – Fill Out the Cemetery Plot Deed Transfer Form. Step 5 – Complete the Transfer and Get the New Deed.

In most cases, when you buy a plot, you own it forever. There are some states with laws that allow them to reclaim the space if a certain amount of time passes with no activity at the gravesite. This time span is usually 50 years or more. Check with your estate attorney to see if this type of law applies to you.

Cemetery property is owned by the cemetery corporation. The real property is not sold. The lot “owner” receives three privileges: the right of burial, the right to memorialize and the right to vote at lot owner meetings. Q.

Owned and managed by local government entities like a city or town, municipal cemeteries are typically operated as non-profits. Revenue from interments and memorials covers the costs of upkeep and maintenance.

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Cemetery Plot Ownership Laws In Bronx