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Cemetery Plot Ownership Laws In California
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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.
Most community, church, or municipal cemeteries have caretakers or offices. Those offices hold burial registries for the cemeteries. Those collections of records are known as sexton's records. Sexton's records often include details about which plots are owned, occupied, and available for sale.
This is one of the first questions people ask when buying a burial plot, and the answer is no. In the U.S., a purchased cemetery plot belongs to you forever. In some instances, however, if a cemetery is considered “abandoned,” the state can reclaim the land and discontinue interments.
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Generally, private cemeteries are required to obtain and maintain a state license, referred to as a Certificate of Authority. Section 8331 - Record of ownership of plots and transfer of plots."Plot owner," "owner," or "lot proprietor," means any person in whose name an interment plot stands of record as owner, in the office of a cemetery authority. 1. Complete a Transfer of Ownership Agreement (see enclosed form or visit rosehills. Com, click Customer Care, then click Property Transfer). When a person buys a cemetery plot they are actually purchasing the right to determine who will be buried in that particular space. Cemetery plot ownership laws dictate that the cemetery remains the actual owner of the land or physical property. In the US, most cemetery plots are actually platted with a lot number, just like a subdivision. However, California law provides, that the owner of a lot does not possess title to the lot but rather, has only an interest or right of burial in the lot. Yes, Cemetery Plots Are Real Estate.