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Cemetery Plot Ownership Laws In Houston
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Multi-State
City:
Houston
Control #:
US-000297
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FAQ
Once the deed for the burial plot is in your name you can do whatever you want with it. You can use it for yourself in the future, sell the burial plot or simply hold on to it, even if you plan to be cremated.
Section 711.041 of the Health and Safety Code states that access to a cemetery cannot be denied by the surrounding landowner (please see attached). The Texas Historical Commission is not a law enforce agency and cannot enforce laws. This responsibility falls to local law enforcement.
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.
Texas' automatic right of interment states that the plots pass first to your surviving spouse, otherwise to your children on a first come, first need basis and then finally to your heirs at law.
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.
This is one of the first questions people ask when buying a burial plot, and the answer is no. In the U.S., a purchased cemetery plot belongs to you forever. In some instances, however, if a cemetery is considered “abandoned,” the state can reclaim the land and discontinue interments.
Yes, Cemetery Plots Are Real Estate. The cemetery company owns the land, as it holds the deed to the cemetery.
Often, a cemetery will issue a ``deed'' at the sale of a grave space or lot of graves. This deed is NOT an issuance of any real estate. It is, in fact, a promissory note which prevents the cemetery from using that, particular space to bury anyone else.
Today, some cemeteries rent out plots, which allows people to lease a space for up to 100 years before the grave is allowed to be recycled and reused. Many countries around the world have resorted to this process as their available land begins to fill.