South Carolina Order Access to Cemetery, Burial Ground or Grave (In Response to Petition by Landowner)

State:
South Carolina
Control #:
SC-SKU-1410
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PDF
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Description

Order Access to Cemetery, Burial Ground or Grave (In Response to Petition by Landowner)

South Carolina Order Access to Cemetery, Burial Ground or Grave (In Response to Petition by Landowner) is a legal order that allows a landowner to petition for access to a cemetery, burial ground, or grave located on their land that is otherwise not open to the public. This order is typically issued by the South Carolina Department of Health and Environmental Control (DEC) or the South Carolina Board of Funeral Service (SC BFS). The types of South Carolina Order Access to Cemetery, Burial Ground or Grave (In Response to Petition by Landowner) are: 1. Access for Maintenance and Preservation: This order allows a landowner to access the cemetery for the purpose of cleaning and maintaining the cemetery grounds. 2. Access to Perpetual Care: This order allows a landowner to access the cemetery for the purpose of providing perpetual care and upkeep. 3. Access to Markers and Monuments: This order allows a landowner to access the cemetery for the purpose of installing and maintaining markers and monuments. 4. Access for Archaeological Investigations: This order allows a landowner to access the cemetery for the purpose of conducting archaeological investigations. 5. Access for Burial Rights: This order allows a landowner to access the cemetery for the purpose of interring a deceased family member.

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FAQ

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.

(E)(1) A person exercising ingress or egress to a cemetery, burial ground, or grave under the provisions of this section is responsible for conducting himself in a manner that does not damage the private property or the cemetery, burial ground, or grave, and is liable to the owner of record for any damage caused as a

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.

There are no state laws in South Carolina prohibiting home burial, but local governments may have rules governing private burials. Before burying a body on private property or establishing a family cemetery, you should check with the county or town clerk for any zoning laws you must follow.

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Instant access to fillable Microsoft Word or PDF forms. Minimize the risk of using outdated forms and eliminate rejected fillings.The easement gives the heirs the right to prevent disturbance to the graves and the right of ingress and egress for taking care of the burial plots. The idea here is that when the landowner permitted burial on the property, she implied granted the right to family members to visit the grave.

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South Carolina Order Access to Cemetery, Burial Ground or Grave (In Response to Petition by Landowner)