Conveyance Cemetery Without A Permit In Ohio

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

Description

The document is a petition to set aside a conveyance regarding a perpetual care cemetery in Ohio, specifically addressing the situation where a cemetery is conveyed without a permit. It outlines the interests of the plaintiffs in the cemetery, identifies the defendants, and provides a detailed account of the historical conveyances of the property. The petition asserts that certain transfers of the property should be annulled as they violate the specific regulations surrounding perpetual care cemeteries, aiming to restore the cemetery’s management and utility. Key features include sections for listing involved parties, legal claims, and a request for the court to rectify the property ownership. Filling out the form requires accurate identification of all parties and historical transactions, along with supporting documentation. This form is useful for attorneys, partners, owners, associates, paralegals, and legal assistants who may be engaged in property law, particularly those involved in cemetery management or disputes. It provides a structured approach to contest improper conveyances, ensuring compliance with Ohio's legal requirements regarding cemetery operations.
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FAQ

The Ohio Department of Commerce Division of Real Estate and Professional Licensing, registers Ohio cemeteries operated by a company or person, church, religious society, established fraternal organization, or political subdivision.

The ownership of the grave and the cemetery land remains with us. However, Exclusive Right of Burial will be issued to the named person stated on our interment form and can only be purchased when arranging a burial. A Deed of Grant will also be issued by us at the same time.

The care and maintenance of abandoned, inactive cemeteries tends to be the responsibility of the family or the landowner. Although active cemeteries are usually maintained by the owner or cemetery association, not all have provisions for perpetual care.

The use of land for cemeteries is subject to state and local regulations, including zoning laws that designate specific areas for burial purposes. Private landowners or religious societies can establish cemeteries, though they must adhere to any governmental zoning requirements.

Cemetery plot ownership laws dictate that the cemetery remains the actual owner of the land or physical property. Instead, what you're buying is the right to inter (bury) someone in that space subject to the rules and regulations that govern the cemetery.

The Department of Commerce's Division of Real Estate and Professional Licensing, and the Ohio Cemetery Dispute Resolution Commission, oversee cemeteries 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.

Section 1701.95 | Liability for unlawful loans, dividends, distribution of assets.

First, you should report the issue directly to cemetery management. If the issue continues to goes unaddressed, you can file a complaint with the Ohio Cemetery Resolution Commission — a 9-person commission that helps resolve complaints against registered cemeteries.

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Conveyance Cemetery Without A Permit In Ohio