North Carolina Petition to Set Aside Conveyance of Cemetery

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Multi-State
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US-000297
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This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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FAQ

Can you bury a body at home (or on your own property) in NC? There are no laws in North Carolina that prevent home burials, but there are a few exceptions. State law requires all cemeteries to be at least 300 feet from a public water supply.

§ 65-58. (a) No person shall offer to sell preneed grave spaces, mausoleum crypts, niches, memorials, vaults or any other preneed cemetery merchandise or services under any plan authorized for any cemetery, cemetery sales group, or cemetery management group, before obtaining a license from the Commission.

The North Carolina Cemetery Commission. The North Carolina Cemetery Commission is established with the power and duty to adopt rules and regulations to be followed in the enforcement of this Article. (1975, c. 768, s.

Real property (including land, tombs, vaults, mausoleums, monuments, and similar structures) set aside for burial purposes is exempt from taxation. ( Sec. 105-278.2, G.S.) The exemption does not apply, however, if the property is owned and held for purposes of sale or rental or for the sale of burial rights therein.

Today, some cemeteries rent out plots, which allows people to lease a space for up to 100 years before the grave is allowed to be recycled and reused. Many countries around the world have resorted to this process as their available land begins to fill.

There are no laws in North Carolina that prevent home burials, but there are a few exceptions. State law requires all cemeteries to be at least 300 feet from a public water supply. The top of ?burial vaults or other encasements,? must be at least 18 inches below the ground, state law says.

The simple answer is no. Burial plots are not like traditional real estate which always passes through a court supervised probate after death.

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North Carolina Petition to Set Aside Conveyance of Cemetery