Cemetery Plot Ownership Laws In New York
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FAQ
Cemeteries don't reuse burial plots at any point. They wonder how long their loved ones will have the exclusive rights to a burial plot. You'll be happy to hear that good cemeteries aren't ever going to reuse their burial plots.
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.
The laws of New York require all regulated cemeteries to take 10% of every sale and $35 from each burial and place it in a managed Permanent Maintenance Fund.
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.
While the cemetery retains ownership of the land, you are purchasing the right to use the land for a burial. However, some locations in the United States can potentially reclaim the space if there has been no activity with the space for an extended period of time.
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.
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.
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.
