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Cemetery Plot Ownership Laws In Queens
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State:
Multi-State
County:
Queens
Control #:
US-000297
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FAQ
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.
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.
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.
Most bodies are buried in established cemeteries, but burial on private property may be possible in New York. (See the New York State Division of Cemeteries FAQ.) A burial permit is necessary before a body can be buried.
The Cemetery Board oversees the Division of Cemeteries' operations and administers the New York State Cemetery Law. The Cemetery Law sets standards for the establishment, maintenance, and preservation of burial grounds in New York State.
Graveyards are traditionally run by a church and located on the churchyard, or on the grounds or campus of a church. Cemeteries, on the other hand, are generally not associated with any particular church but are, instead, run by a council and located apart from any particular church.
You buy the 'Exclusive Right of Burial' for the grave, which means that you lease the grave space and are granted the right to bury a person of your choice in the grave for the duration of the lease. The grave itself and all the grounds of the cemetery remains under the ownership of the Local Authority.