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South Carolina Petition and Motion for Access to Cemetery, Burial Ground, or Grave

State:
South Carolina
Control #:
SC-SKU-1407
Format:
PDF
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Description

Petition and Motion for Access to Cemetery, Burial Ground, or Grave

The South Carolina Petition and Motion for Access to Cemetery, Burial Ground, or Grave is a legal document that is used to gain access to a cemetery, burial ground, or grave. This document is used to request permission from the court for access to the graveside to carry out a burial, perform a religious ceremony, or to have access to the graveside for reasons such as genealogical research. There are two types of South Carolina Petition and Motion for Access to Cemetery, Burial Ground, or Grave: Petition for Access to Graveside and Motion for Access to Graveside. The Petition for Access to Graveside is used when the petitioner does not have an existing legal claim to the graveside. The Motion for Access to Graveside is used when the petitioner has an existing legal claim to the graveside. Both documents are used to request permission from the court for access to the graveside.

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FAQ

The exclusive right of burial (or grave deed) is sold for 75 or 99 years. For a cremated remains plot, the exclusive right of burial is sold for 75 or 99 years. These are known as 'purchased graves' and although you never actually own the ground you do own the exclusive rights to bury in your purchased plot.

Using Deceased Online you can search UK burial and cremation registers, free of charge, by Region, County, Burial Authority, Cemetery or Crematorium. Simply enter the name of the deceased, and optionally a burial or cremation date range, and click the search button to retrieve the matching records.

How Much Does it Cost to Bury Ashes in the UK? The cost of burying ashes varies depending on what options you choose. On average, burial charges in the UK add up to £1,797. These charges cover the exclusive right of burial and the interment fee, which is for the preparation of the burial plot or grave.

Who is entitled to take ownership of a grave? Probate - Where the deceased owner left a will and his/her estate was subject to probate the person/s named on probate as the executors to the will are the person/s legally entitled to take ownership of the grave.

It requires owners of cemeteries on private property to provide reasonable access to family members and descendants of those buried in the cemetery. The law requires the person wanting access to the cemetery to submit a written request to the property owner.

The Perpetual Care Cemetery Board is responsible for licensing all entities engaging in the business of operating a perpetual care cemetery. The board ensures compliance with state laws and regulations governing the conduct of perpetual care cemeteries in South Carolina.

When you buy a grave, you're buying the right to bury a body or scatter ashes (cremated remains) in that grave, not the surrounding land. This is called the Exclusive Rights of Burial. As the owner of the grave, these Rights mean that you have to give permission for remains or ashes to be buried in it.

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South Carolina Petition and Motion for Access to Cemetery, Burial Ground, or Grave