Cemetery Plot Ownership Laws In Santa Clara
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FAQ
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.
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.
In most cases, when you buy a plot, you own it forever. There are some states with laws that allow them to reclaim the space if a certain amount of time passes with no activity at the gravesite. This time span is usually 50 years or more. Check with your estate attorney to see if this type of law applies to you.
Generally,, each plot is owned by a legal entity (e.g. a person or a family) while the surrounding land is owed by a legal entity such as local government, a non-profit corporation, or a for-profit corporation. This information is typically available at the cemetery office, or there may be a sign indicating ownership.
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.
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.