Cemetery Plot Ownership Laws In Ohio

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

Description

Cemetery plot ownership laws in Ohio dictate the guidelines for the ownership and transfer of cemetery plots, particularly with regard to perpetual care cemeteries. The document outlines the legal procedure for a petition to set aside a conveyance related to such property, indicating that previous transfers may be void if not compliant with these laws. Key features include the identification of plaintiffs and defendants, specific property details, and a clear request for the court to nullify improper conveyances. Filling and editing instructions emphasize the necessity for accurate identification of parties and property complications. This form serves attorneys, partners, owners, associates, paralegals, and legal assistants in navigating disputes over cemetery property ownership. It highlights the importance of understanding legal conveyances to safeguard perpetual care cemetery operations and ensure compliance with state laws. Users can leverage this form when challenging invalid property transfers or clarifying ownership rights associated with burial plots in Ohio.
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FAQ

Is it legal to bury a body in your backyard? ing to Nolo Legal Encyclopedia, no state laws prohibit burying a body on your own property in Ohio.

When discussing the preservation of cemeteries, the first question that must be answered is, “who owns the cemetery?” There are basically three types of ownership in Ohio: township, municipal and private.

Can You Bury a Body at Home? There are no state laws in Ohio that prohibit home burial, and state law allows family cemeteries.

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.

Remember that buying a burial plot gives you the right to be buried in the land; however, it does not give you ownership rights. So, when selling a burial plot, you're simply transferring that right to another person or back to the cemetery.

The burial plot can be sold, just like any other property. Most cemeteries are businesses. The plot owner might be able to re-sell it to the cemetery or post it for sale through the cemetery. Or it can be sold or given to someone else, assuming no restrictions on eligibility for burial in the particular cemetery.

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.

As used in this division, "family cemetery" means a cemetery containing the human remains of persons, at least three-fourths of whom have a common ancestor or who are the spouse or adopted child of that common ancestor. Section 4767.021 | Powers of commission and superintendent.

Several factors determine ground burial prices, such as plot location, headstone material (marble or granite), garden setting, indoor or outdoor interment, etc. Mausoleum prices also depend on location, either inside the structure or outside in a garden setting.

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.

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Cemetery Plot Ownership Laws In Ohio